The Tenth Circuit has granted the government's request for panel rehearing and vacated its own January 2026 judgment in a case challenging USCIS's determination that two Rwandan refugees were not actually refugees at the time of their admission, in light of the Supreme Court's intervening decision in Mullin v. Doe.
The Court ordered the parties to submit supplemental briefing addressing whether Mullin v. Doe's statement that unreviewable final agency action renders subsidiary determinations unreviewable calls into question the panel's prior holding that 8 U.S.C. § 1252(a)(2)(B)(ii) permits judicial review of USCIS's underlying refugee-status determination, and whether any avenue for review of that determination remains available. The court also asked the government to clarify an apparent inconsistency in its litigation positions on whether the termination decision can be considered as part of a petition for review.
The full text of Mukantagara v. Mullin can be found here: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111468891.pdf