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However, the jurisdiction-stripping provisions on which the government relies are both subject to the exception set forth in 8 U.S.C. § 1252(a)(2)(D), which restores our jurisdiction to review "constitutional claims or questions of law." ''See, e.g., Xiao Ji Chen v. U.S. Dep't of Justice'', 471 F.3d 315, 324 (2d Cir. 2006). As we explained in ''Xiao Ji Chen'', we have "not determine[d] the precise outer limits of the term 'questions of law.'" ''Id.'' at 328. We have, however, suggested that a question of law arises "where a discretionary decision is argued to be an abuse of discretion because it was ... based on a legally erroneous standard." ''Id.'' at 329. We have also indicated that a "question of law" might "arise for example in fact-finding which is flawed by an error of law, such as might arise where the IJ states that his decision was based on petitioner's failure to testify to some pertinent fact when the record of the hearing reveals unambiguously that the petitioner did testify to that fact." ''Id.'' (citing ''Tian-Yong Chen v. INS'', 359 F.3d 121, 127 (2d Cir. 2004)).
 
However, the jurisdiction-stripping provisions on which the government relies are both subject to the exception set forth in 8 U.S.C. § 1252(a)(2)(D), which restores our jurisdiction to review "constitutional claims or questions of law." ''See, e.g., Xiao Ji Chen v. U.S. Dep't of Justice'', 471 F.3d 315, 324 (2d Cir. 2006). As we explained in ''Xiao Ji Chen'', we have "not determine[d] the precise outer limits of the term 'questions of law.'" ''Id.'' at 328. We have, however, suggested that a question of law arises "where a discretionary decision is argued to be an abuse of discretion because it was ... based on a legally erroneous standard." ''Id.'' at 329. We have also indicated that a "question of law" might "arise for example in fact-finding which is flawed by an error of law, such as might arise where the IJ states that his decision was based on petitioner's failure to testify to some pertinent fact when the record of the hearing reveals unambiguously that the petitioner did testify to that fact." ''Id.'' (citing ''Tian-Yong Chen v. INS'', 359 F.3d 121, 127 (2d Cir. 2004)).
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== Other Withdrawals of Jurisdiction ==
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12 U.S.C. § 1821(d)(13)(D) (Supp. II 1990) purportedly withdraws jurisdiction from all courts to hear claims against the RTC as receiver, except as provided elsewhere in section 1821(d). Section 1821(d)(13)(D) reads, in pertinent part:
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"(D) Limitation on judicial review
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    Except as otherwise provided in this subsection, no court shall have jurisdiction over --
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        (i) any claim or action for payment from, or any action seeking a determination of rights with respect to, the assets of any depository institution for which the Corporation has been appointed receiver, including assets which the Corporation may acquire from itself as such receiver; or
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        (ii) any claim relating to any act or omission of such institution or the Corporation as receiver." (12 U.S.C. § 1821(d)(13)(D) (Supp. II 1990).)
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The RTC argues that section 1821(d)(13)(D) acts as a jurisdictional bar which precludes any judicial action until [***8]  a claimant has exhausted the administrative claims process.
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Not all state courts have agreed with this withdrawal of jurisdiction.  See, e.g., Armstrong v. Resolution Trust Corp., 157 Ill. 2d 49 (1993).
 
[[Category:United States Supreme Court Cases]]
 
[[Category:United States Supreme Court Cases]]
 
[[Category:Circuit Cases]]
 
[[Category:Circuit Cases]]
 
[[Category:jurisdiction]]
 
[[Category:jurisdiction]]
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