Wilkinson v. Garland
Headline: Courts can review immigration judges’ rulings on whether a noncitizen’s removal would cause exceptional and extremely unusual hardship, reversing a lower court and allowing appeals courts to review decisions that mix legal rules and facts.
Holding:
- Lets appeals courts review whether immigration judges correctly applied the hardship eligibility test.
- Does not let appeals relitigate factual findings like credibility or medical seriousness.
- Creates a path for more appeals of cancellation-of-removal denials based on legal misapplication.
Summary
Background
Situ Kamu Wilkinson is a noncitizen who overstayed a tourist visa and was detained. He applied to cancel his removal, saying that sending him away would cause exceptional and extremely unusual hardship to his U.S.-born seven-year-old son, M., who has severe asthma and depends on Wilkinson for care and financial support. The Department of Homeland Security agreed Wilkinson met other eligibility rules but contested the hardship claim. An immigration judge found Wilkinson and his family credible, credited the evidence, but concluded the hardship did not meet the statutory “exceptional and extremely unusual” threshold and denied cancellation. The Board of Immigration Appeals affirmed, and the Third Circuit said it lacked jurisdiction to review that hardship finding.
Reasoning
The Court considered whether applying the hardship legal standard to the facts is a mixed question of law and fact reviewable by appeals courts under the statute that restores review of “questions of law.” Relying on Guerrero-Lasprilla and distinguishing Patel, the Court held that applying the statutory hardship standard to an established set of facts is a mixed legal-and-factual question and therefore reviewable under §1252(a)(2)(D). The Court emphasized that purely factual findings—such as credibility, the seriousness of a medical condition, or amounts of financial support—remain unreviewable. The Court reversed the Third Circuit’s jurisdictional ruling and remanded the case for further proceedings.
Real world impact
The decision lets federal appeals courts review whether immigration judges correctly applied the “exceptional and extremely unusual” test to known facts. It affects noncitizens seeking cancellation of removal and will allow some appeals that lower courts previously dismissed as unreviewable. Review will be deferential and will not let courts relitigate the IJ’s underlying factual findings.
Dissents or concurrances
Justice Jackson agreed with the judgment but warned Congress can change the law; Chief Justice Roberts and Justice Alito dissented, arguing the Court extended Guerrero-Lasprilla too far.
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