DHS Fails to Shut Down Judicial Review of Refugee Status Changes

The US Department of Homeland Security again failed to convince the Tenth Circuit that two Rwandan immigrants can’t seek review of the termination of their refugee status in federal court.

The Immigration and Nationality Act’s bar on judicial review of agencies’ discretionary actions doesn’t apply here because the statute’s provision on terminating refugee status contains a nondiscretionary eligibility determination, the US Court of Appeals for the Tenth Circuit said Monday. The court remanded the case to district court for further proceedings.

Agnes Mukantagara was granted refugee status in 2005, which was extended to her minor son Ebenezer Shyaka. US ...