The following excerpt is from J. E. F.M. v. Whitaker, 908 F.3d 1157 (Mem) (9th Cir. 2018):
Section 1252(b)(9) is one of the "requirements" listed under 1252(b). In context and as a matter of plain language, it "appl[ies]" "[w]ith respect to review of an order of removal." So 1252(b)(9) does not apply before such an order has been entered, to a claim that does not seek review of such an order. "[W]hen deciding whether the language is plain, we must read the words in their context and with a view to their place in the overall statutory scheme." King v. Burwell , U.S. , 135 S.Ct. 2480, 2489, 192 L.Ed.2d 483 (2015) (quotation marks omitted). The panel opinion entirely ignores the introductory language in 1252(b) and so errs in interpreting 1252(b)(9) outside its statutory context.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.