The Supreme Court has determined that questions of law include the application of a legal standard to undisputed or established facts. This arises in the context of the “criminal alien bar,” which limits jurisdiction of review in federal appellate courts to constitutional claims and questions of law when the petitioner has been convicted of certain removable criminal offenses. The Fifth Circuit had determined that whether a petitioner had acted with sufficient due diligent to warrant equitable tolling of the 90-day deadline for a motion to reopen was a question of fact that could not reviewed if the criminal alien bar had been triggered. Both requests for equitable tolling were premised on new Fifth Circuit case law, and there was no dispute as to how long after that case law came out the petitioners waited to file their motions to reopen.
The court remanded the cases for the Fifth Circuit to exercise jurisdiction over the appeals and determine if equitable tolling was appropriate.
The full text of Guerrero-Lasprilla v. Barr can be found here:
https://www.supremecourt.gov/opinions/19pdf/18-776_8759.pdf