Supreme Court Hears Arguments on Judicial Review in Asylum Case

Kevin R. Johnson

02 Dec 2025 — 1 min read

Yesterday, in Urias-Orellana v. Bondi, the Supreme Court considered the courts' role in asylum cases as it weighs whether a federal court of appeals must defer to the Board of Immigration Appeals’ judgment on an asylum seeker’s claims of persecution.

Here is the transcript to the arguments. The Justices (see here, subscription required and here) seemed skeptical of judicial review "second guessing" the agency's conclusion about persecution.

Update (Dec. 2, 8:15 a.m. PST): According to Kelsey Dallas on SCOTUSBlog, "By the end of Monday’s arguments, it appeared likely that a majority of justices will side with the government and hold that federal courts of appeals should undertake a deferential review of the BIA’s persecution determinations for asylum seekers."

Apps Open for Guadalajara Program Jan 8-13, 2027

I had the pleasure of attending this program in the summer of 2024. I cannot recommend it enough. I learned a tremendous amount about the immigration process in Mexico. If you're interested in attending, fill out this short registration form.

Urban Institute: Impacts of Heightened Immigration Enforcement on Children’s Education by Hamutal Bernstein, Diana Guelespe, Laura Betancur, Julio Salas

New from the Urban Institute: Impacts of Heightened Immigration Enforcement on Children’s Education by Hamutal Bernstein, Diana Guelespe, Laura Betancur, Julio Salas "The study’s key findings are as follows: * -- Nearly half of parents reported that their children had expressed concern about going to school because of

From the Bookshelves: When Africa Comes to America How the Next Wave of Immigrants Will Transform the United States by Neeraj Kaushal

When Africa Comes to America: How the Next Wave of Immigrants Will Transform the United States Neeraj Kaushal Columbia News: "Africans are the fastest-growing immigrant group to the United States. Only a tiny fraction in the 1960s, they represented 10% of documented immigration in 2022. Without attracting much notice,

Law360: BREAKING: Justices To Weigh If Cooking For Terrorists Bars Asylum

Britain Eakin for Law360 reports that the U.S. Supreme Court today granted review "whether a Nigerian man's short stint as a cook for a terrorist group constituted `material support' that would render the already deported man ineligible for asylum." The Court granted the U.

Read more

Apps Open for Guadalajara Program Jan 8-13, 2027

Urban Institute: Impacts of Heightened Immigration Enforcement on Children’s Education by Hamutal Bernstein, Diana Guelespe, Laura Betancur, Julio Salas

From the Bookshelves: When Africa Comes to America How the Next Wave of Immigrants Will Transform the United States by Neeraj Kaushal

Law360: BREAKING: Justices To Weigh If Cooking For Terrorists Bars Asylum