Friday, September 10, 2021
Daniel Weissner for Reuters reports that nearly three dozen former immigration judges have urged the U.S. Supreme Court in Patel v. Garland to rule that federal courts may review immigration court rulings on whether noncitizens are eligible for relief from removal. The question presented in the case is this: Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief.
In an amicus brief filed earlier this week, lawyers from Gibson Dunn & Crutcher wrote on behalf of the 35 former judges that court review of non-discretionary decisions by immigration courts and the Board of Immigration Appeals is necessary to catch and remedy legal errors.
In addition, nearly 40 immigration law professors and a coalition of advocacy groups, including the National Immigration Litigation Alliance and American Immigration Council, also filed amicus briefs.
In the case, Pankajkumar Patel seeks the Supreme Court to overturn a U.S. Circuit Court of Appeals for the Eleventh Circuit decision that created a circuit split in limiting judicial review of BIA decisions.