Pedro Pablo Guerrero-Lasprilla, Petitioner v. William P. Barr

Summary

Justice Breyer delivered the Court's opinion holding that “questions of law” reviewable under 8 U. S. C. § 1252(a)(2)(D) include the application of a legal standard to undisputed or established facts, including application of the due-diligence standard for equitable tolling. The Court relied on statutory language, context, history, and the presumption favoring judicial review of administrative action. It vacated the Fifth Circuit's judgments and remanded without deciding whether either petitioner actually exercised due diligence. Justice Thomas dissented, joined by Justice Alito except as to Part II-A-1. The dissent would exclude mixed questions from the statutory exception to the criminal-alien jurisdictional bar; Thomas alone also questioned the modern presumption favoring judicial review.