Kucana v. Holder

Summary

Justice Alito concurs in the judgment, agreeing the Court of Appeals had jurisdiction to review the denial of the motion to reopen. He would decide on narrower grounds, arguing the regulation conferring discretion to the Attorney General derives from Subchapter I of Title 8, not Subchapter II, and thus does not trigger the statutory jurisdictional bar. He rejects the amicus argument linking the regulation to Subchapter II provisions inapplicable to the petitioner.