Wilkinson v. Garland (601 U.S. 209)
U.S. Supreme Court · decided March 19, 2024 · Supreme Court Database (Spaeth)
- Citation
- 601 U.S. 209 · 144 S. Ct. 780
- Decided
- March 19, 2024
- Term
- October Term 2023
- Vote
- 6–3
- Majority author
- Justice Sotomayor
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2023 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus WILKINSON v. GARLAND, ATTORNEY GENERAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 22–666. Argued November 28, 2023—Decided March 19, 2024 Congress gives immigration judges discretionary power to cancel the re- moval of a noncitizen and instead permit the noncitizen to remain in the country lawfully. 8 U. S. C. §§1229b(a)–(b). An IJ faced with an application for cancellation of removal proceeds in two steps: The IJ must decide first whether the noncitizen is eligible for cancellation of removal under the statutory criteria. If the IJ finds the noncitizen statutorily eligible, the IJ must then decide whether to exercise discre- tion and grant relief. For determining eligibility, Congress has enu- merated four statutory criteria, one of which requires the noncitizen to “establis[h] that removal would result in exceptional and extremely unusual hardship to [the noncitizen’s] spouse, parent, or…
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