July 14, 2026·2:20-CV-00897-RJS·Panel Decision·By Raj Patel
The United States Court of Appeals for the Tenth Circuit vacated its prior judgment and ordered supplemental briefing following the Supreme Court's decision in Mullin v. Doe. The court directed the parties to address whether judicial review is available for USCIS subsidiary determinations regarding refugee status.
Background
This case involves plaintiffs Agnes Mukantagara and Ebenezer Shyaka challenging a USCIS determination that they were not refugees at the time of their admission to the United States. The case was previously decided by a panel of the Tenth Circuit, which issued a judgment on January 12, 2026. The government subsequently filed a petition for rehearing en banc, which the court denied as moot.
The court’s reasoning
The court acted on its independent duty to examine jurisdiction following the Supreme Court’s holding in Mullin v. Doe. The court granted the government’s request for panel rehearing to address three specific questions regarding the interplay between the Supreme Court’s ruling and the reviewability of USCIS subsidiary determinations under the Immigration and Nationality Act.
What it means going forward
The case is remanded for further proceedings, requiring the parties to submit supplemental briefs addressing the scope of judicial review for USCIS termination decisions and the government’s position on the administrative record.
