Page:Kirstjen M. Nielsen, Secretary of Homeland Security, et al. v. Mony Preap, et al..pdf/12

8 "“Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States under this subchapter [including §§1225 and 1226] shall be available only in judicial review of a final order under this section.” (Emphasis added.)"

As in Jennings, respondents here “are not asking for review of an order of removal; they are not challenging the decision to detain them in the first place or to seek removal [as opposed to the decision to deny them bond hearings]; and they are not even challenging any part of the process by which their removability will be determined. Under these circumstances,” we held in Jennings, see 583 U. S., at ___–___ (slip op., at 10–11), “§1252(b)(9) does not present a jurisdictional bar.”

The Government raised a third concern before the District Court in Preap: that under 8 U. S. C. §1252(f)(1), that court lacked jurisdiction to enter the requested injunction. As §1252(f)(1) cautions: "“Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of [§§1221–1232] other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated.”"

Did the Preap court overstep this limit by granting injunctive relief for a class of aliens that includes some who have not yet faced–but merely “will face”–mandatory detention? The District Court said no, but we need not decide. Whether the Preap court had jurisdiction to enter such an injunction is irrelevant because the District Court had