Immigration · Primary-source case analysis

Foti: Judicial Review of a Final Deportation Order Reaches the Denial of Suspension

By Aneeta Mishra and Timothy Chan

Published May 15, 2026

Foti v. Immigration and Naturalization Service interpreted the judicial-review provision governing final deportation orders under the statutory scheme then in force.

One proceeding produced the operative order

The deportability ruling and request for suspension were adjudicated together before entry of the final order.

Direct review covered the suspension ruling

The Court treated the discretionary denial as part of the final-order review assigned to the court of appeals.

The statute sought a single review channel

Consolidating review avoided duplicative district- and appellate-court litigation over components of the same administrative proceeding.

Later statutes changed the framework

Foti’s reasoning must be mapped carefully onto the current INA judicial-review provisions rather than applied by label alone.

Key takeaways

• Identify the exact agency action and statutory review provision.
• Determine whether the ruling is part of a final removal order or collateral to it.
• Preserve all reviewable issues in the administrative record.
• Use current sections 1252 and applicable jurisdictional bars for modern cases.