Situ Kamu Wilkinson v. Garland
In brief
Federal appeals courts may review whether established facts meet immigration law's demanding family-hardship standard.
- Where it stands
- Decided
Decided 6-3 · March 19, 2024 · Opinion by Justice Sotomayor
- What it’s about
- The Supreme Court ruled that federal courts have the jurisdiction to review an immigration agency's determination that a noncitizen's removal would not cause "exceptional and extremely unusual hardship" to their family, classifying this as a mixed question of law and fact rather than a purely discretionary judgment.
- Who it affects
- Noncitizens seeking cancellation of removal can ask federal courts to review whether immigration agencies correctly applied the hardship standard.
Summary: written with AI from the case record.
What it's about
The case defines the line between immigration decisions courts may review and discretionary decisions left to immigration agencies.
Question presented
Is an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or instead a discretionary judgment call unreviewable under Section 1252(a)(2)(B)(i)?
What the Court decided
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Jacksonwrote separately
From the opinions
““The Third Circuit erred in holding that it lacked jurisdiction to review the IJ’s determination in this case.””
What's next
The case returns for further proceedings consistent with the Supreme Court's decision. The Third Circuit must now address the reviewable hardship determination rather than dismissing it for lack of authority.
Why it matters
For example, a parent facing removal may obtain court review of an agency finding about hardship to the parent's family.
Documents
Docket activity
New analysis added
AI analysis generated: Impact Analysis
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Opinion Summary
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Opinion added: Wilkinson
Opinion added: opinion
Brief added: Questions Presented
More questions
- What did the Supreme Court rule in Wilkinson v. Garland?
- The Court said federal courts may review whether established facts satisfy the “exceptional and extremely unusual hardship” standard in immigration law.
- Who is affected by the Wilkinson v. Garland decision?
- Noncitizens seeking cancellation of removal may seek federal court review when immigration agencies find their family hardship does not meet the legal standard.
- What happens next in Wilkinson v. Garland?
- The case returns to the Third Circuit. That court must consider the hardship determination as a reviewable legal-and-factual question.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.