Judicial Review
l INA § 242 (post-Illegal Immigration Reform
and Immigrant Responsibility Act, or IIRIRA):
– No court has jurisdiction to review “any judgment regarding the
granting of relief under INA §§ 212(h) (waiver of inadmissibility for
criminal grounds], 212(i) [waiver of inadmissibility for fraud or
misrepresentation], 240A [cancellation of removal], 240B [voluntary
departure], or 245 [adjustment of status].” No court may review any
other decision or action of the Attorney General which is
discretionary under the statute, except with respect to asylum.
l Other constraints on judicial review:
– Decisions by the Attorney General denying waivers; concerning
detention or the terms of release; and with respect to voluntary
departure, or stay of removal pending consideration of voluntary
departure all non-reviewable.