Jurisdictional Limits on Hardship Review

339 F.3d 950 (9th Cir. 2003) · 2003

The 9th Circuit lacks jurisdiction to review discretionary hardship determinations; the statutory bar on judicial review of hardship findings applies to both the ultimate determination and the factual findings supporting it.

Significant jurisdiction-limiting decision. Courts generally cannot review whether hardship is 'exceptional and extremely unusual.'

627 F.3d 365 (9th Cir. 2010) · 2010

Courts retain jurisdiction to review legal questions and constitutional claims arising from hardship determinations even when the ultimate hardship finding is unreviewable; due process and legal error claims may be cognizable.

Identifies the narrow exceptions to the jurisdictional bar on hardship review.