2009 Supreme Court term

AGRON KUCANA v. ERIC H. HOLDER, JR. ATTORNEY GENERAL

Dockets 08-911Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner, the case concerns whether Congress intended judicial review of motions to reopen asylum decisions under §1252(b)(6).

Petitioner argues that Congress limited reduction of judicial review to authority specified in subchapter 2 of chapter 12 of Title 8 and did not intend to remove courts’ jurisdiction over other discretionary decisions.

Background and question before the Court

The parties dispute whether §1252(b)(6) requires review of motions to reopen.

What each side argues

Petitioner

Petitioner argues that Congress limited reduction of judicial review to authority specified in subchapter 2 of chapter 12 of Title 8, and did not intend to remove courts’ jurisdiction over other discretionary decisions.

According to Petitioner, petitioner asserts that §1252(b)(6) mandates that review of the underlying decision be consolidated with review of a motion to reopen, indicating congressional intent to allow review of motions to reopen.

Respondent

Respondent (Department of Justice) argues that the statutory text is clear and does not remove jurisdiction, so courts retain authority to review.

What happened at oral argument

During oral argument, several Justices asked questions about the statutory language and its implications.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • a5a918da033d9092e553-r1-8444d33056dc66d0.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.