Ramos v. Wolf

 Under 8 U.S.C. §1254a(b)(5)(A), there can be no judicial review of non-constitutional claims that fundamentally attack the Secretary of Homeland Security’s specific Temporary Protected Status determinations, nor review of the substance of her discretionary analysis in reaching those determinations; the statute does not bar review of a challenge to an agency pattern or practice that is collateral to, and distinct from, the specific TPS decisions and their underlying rationale. The level of deference that courts owe to the president in his executive decision to exclude foreign nationals who have not yet entered the United States may be greater than the deference to an agency in its administration of a humanitarian relief program established by Congress for foreign nationals who have lawfully resided in the country for some time.

For more information contact us at http://www.beverlyhillsimmigrationlaw.com/