QUESTION OF LAW

Issues

This case asks the Supreme Court to determine whether the issue of a petitioner’s request for equitable tolling in filing motions to reopen his deportation proceedings is a purely legal question or a mixed question of law and fact. Petitioners Pedro Pablo Guerrero-Lasprilla and Ruben Ovalles contend that the term “question of law” in 8 U.S.C. § 1252(a)(D) encompasses mixed questions of law and fact, thereby permitting appellate courts to review whether immigration judges or the Board of Immigration Appeals correctly applied the law to settled historical facts. They contend that even if the Court finds that “question of law” does not encompass mixed questions of law and fact, Guerrero and Ovalles assert that the issue of equitable tolling is closer to a legal rather than factual inquiry, therefore also allowing the appellate courts to review the decision. Attorney General William P. Barr counters that “question of law” does not extend to mixed questions of law and fact, and that even if it did, equitable tolling is a primarily factual determination that cannot be subject to judicial review. This case will affect whether courts experience an increase in the amount of litigation and expended resources, and the effectiveness and meaningfulness of judicial review of immigration proceedings.

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Issues

The Supreme Court will have the opportunity to address the issue of whether trademark tacking is a question of law or fact. In this case, Hana Bank argues that its use of “Hana Overseas Korean Club” should be tacked to its use of “Hana World Center”—as the district court jury seemingly allowed. Hana Financial counters, argues that a judge, not a jury, should decide the tacking issue; and, Hana Bank’s tacking claim fails as a matter of law. The outcome of this case may touch on judicial efficiency, predictability of trademark law, and consumer protection. 

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This case asks the Supreme Court to determine whether courts can review an agency’s determination of 8 U.S.C. §1229b(b)(1)(D), which permits a cancellation of removal if an applicant meets the “exceptional and extremely unusual hardship” standard. Wilkinson contends that whether an applicant’s case meets the standard of hardship is a mixed question of fact and law that courts can review. Wilkinson argues that this procedure does not involve finding new facts but instead applies a legal standard to established facts, such as determining whether an applicant’s removal would bring extreme emotional distress to their family. The United States argues that whether an applicant’s case meets the “exceptional and extremely unusual hardship” standard does not involve applying a legal standard and is therefore an agency’s discretionary determination that is unreviewable by courts. The outcome of the case may significantly impact the procedure and available remedies in removal cases.  Also, the outcome could influence judicial efficiency and the method courts use to interpret statutes in other areas of law.  

Questions as Framed for the Court by the Parties

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