The U.S. Court of Appeals for the Tenth Circuit ruled on October 5 that federal courts can review a USCIS decision to terminate a person’s RefugeeA person outside their country of nationality who cannot return because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion (INA 101(a)(42)). Admission as a refugee is discretionary, and annual admission levels are set through a Presidential Determination. A person already in the United States or at a port of entry with a similar claim may instead seek asylum.See it in the glossary status, according to the opinion in Mukantagara v. Mullin.
The case, No. 24-4071, involves a woman and her son who were admitted to the United States as refugees in 2005. USCIS later terminated the woman’s refugee status, which ended her son’s derivative status as well, and referred them to Removal proceedingsThe formal court process, formerly called deportation, in which the government seeks to remove a noncitizen from the United States.See it in the glossary. The Tenth Circuit covers Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.
What the court decided
The family sued under the Administrative Procedure Act in the District of Utah. The district court concluded the Immigration and Nationality Act bars judicial review of a refugee termination. The Tenth Circuit disagreed on the question of whether review is available.
Under 8 U.S.C. 1157(c)(4), USCIS can terminate refugee status if it finds the person did not meet the legal definition of a refugee when admitted. The court looked at a separate provision, 8 U.S.C. 1252(a)(2)(B)(ii), which blocks review of certain discretionary decisions. It concluded that provision applies only to discretionary actions, and that the eligibility determination at the first step of section 1157(c)(4) is not discretionary.
What the ruling does and does not address
The decision concerns whether courts may hear a challenge to this kind of termination. It is a ruling from one federal appeals court, so it binds courts in the Tenth Circuit’s six states. Other circuits are not bound by it.
For background on how refugee and asylee status differ, see our entry on asylum versus refugee status, and for what comes after admission, the refugee and asylee green card path. Our report on the fiscal 2027 refugee ceiling covers admissions policy.