Falek v. Gonzales

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding BIA’s application of a totality-of-the-circumstances standard is unreviewable because it’s a “discretionary decision, which is not a question of law” (quotation omitted)
• explaining “there is no dispute that the BIA has no power to adjudicate constitutional claims”
• “[A] petitioner must exhaust before the BIA all claims that he raises in the federal courts, that is, unless they are constitutional.”
• “[Petitioner] frames his ‘legal’ argument, that the BIA did not follow its own precedent, to cloak a request for review of the BIA's discretionary decision, which is not a question of law.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).