Supreme Court publishes favorable case for immigration appeals

Immigration Updates

On March 19, 2024, the Supreme Court ruled that federal courts can review decisions from the Board of Immigration Appeals (“BIA”) denying noncitizens’ applications for Cancellation of Removal for failure to meet the hardship standard. This decision comes in the wake of the Supreme Court’s 2022 decision in Patel, which many courts have since interpreted to considerably narrow federal courts’ jurisdiction to review BIA appeals, and which left open the question of whether such courts could review BIA decisions denying relief that requires consideration of discretionary elements—such as cancellation of removal. Fortunately, the Court’s decision in Wilkinson answers this question in the affirmative, and generally signals that federal courts maintain broad jurisdiction to review BIA decisions denying relief.

See the opinion, revised on March 22, here.