Tuesday, November 28, 2023

Today the U.S. Supreme Court Hears Oral Argument in Wilkinson v. Garland

Today the U.S. Supreme Court will hear oral argument in a key immigration law case, Wilkinson v. Garland, Attorney General, No. 22-666, addressing eligibility for cancellation of removal, one of the most important forms of relief from removal.

As we have previously posted on the blog, in Wilkinson v. Garland the Court will review a decision of the Third Circuit regarding when an immigration judge's decision on "exceptional and extremely unusual hardship" may be reviewed on appeal.

Specifically, the question presented is: 

Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i).

The briefs filed in the case are available here.

For those interested in listening to the live oral argument audio, the Court will convene at 10 a.m. and the Wilkinson case is second on the calendar.



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