Malu v. Holder

(1) Whether a court of appeals reviewing an individual's challenge to removal under summary administrative removal proceedings lacks jurisdiction to review the underlying legal question whether the individual has been convicted of a crime that is an "aggravated felony" unless that legal challenge is raised in the abbreviated administrative proceeding, as the Eleventh and Eighth Circuits have held, or has jurisdiction to review such legal questions even if not raised administratively, as the Fifth, Seventh, and Tenth Circuits have concluded; and (2) whether the court of appeals independently had jurisdiction to determine whether petitioner Malu had been convicted of an "aggravated felony" in order to determine the scope of its jurisdiction to review the decision denying her claim for protection under the Convention Against Torture.