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Patel v. Garland

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Patel v. Garland | |
Term: 2021 | |
Important Dates | |
Argued: December 6, 2021 Decided: May 16, 2022 | |
Outcome | |
affirmed | |
Vote | |
5-4 | |
Majority | |
Amy Coney Barrett • Chief Justice John G. Roberts • Clarence Thomas • Samuel Alito • Brett Kavanaugh | |
Dissenting | |
Neil Gorsuch • Stephen Breyer • Sonia Sotomayor • Elena Kagan |
Patel v. Garland is a case that was decided by the Supreme Court of the United States on May 16, 2022, during the court's October 2021-2022 term. The case was argued before the court on December 6, 2021.
The court affirmed the decision of the United States Court of Appeals for the 11th Circuit in a 5-4 ruling, holding that federal courts do not have jurisdiction to review facts found during discretionary-relief proceedings under federal immigration law. Justice Amy Coney Barrett delivered the court's majority opinion. Justice Neil Gorsuch filed a dissent, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.[1] Click here for more information about the ruling.
1. "Whether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief.
2. Whether 8 U.S.C. § 1182(a)(6)(C)(ii), which renders a noncitizen inadmissible for 'falsely represent[ing]' oneself to be a U.S. citizen for a government benefit, applies
to immaterial misrepresentations."[3]
The court granted review limited to Question 1 only.
The case came on a writ of certiorari to the United States Court of Appeals for the 11th Circuit. To review the lower court's opinion, click here.
Timeline
The following timeline details key events in this case:
- May 16, 2022: The U.S. Supreme Court affirmed the U.S. Court of Appeals for the 11th Circuit's ruling.
- December 6, 2021: The U.S. Supreme Court heard oral argument.
- June 28, 2021: The U.S. Supreme Court agreed to hear the case.
- January 15, 2021: The petitioner appealed to the U.S. Supreme Court.
- August 19, 2020: The United States Court of Appeals for the 11th Circuit, sitting en banc, denied Patel's petition for review of the Board of Immigration Appeals' decision.
- March 6, 2019: A three-judge panel of the United States Court of Appeals for the 11th Circuit denied Pankajkumar Patel's petition for review of the Board of Immigration Appeals' decision.
Background
Pankajkumar Patel, an Indian citizen, entered United States without being inspected. The Department of Homeland Security subsequently issued Patel a notice to appear in an immigration court and charged him with potential removable for being present in the U.S. without inspection. After a removal hearing, an immigration judge ordered Patel to be deported, and the Board of Immigration Appeals (BIA) affirmed the judge's decision. Patel filed a petition for review of the BIA's decision with the United States Court of Appeals for the 11th Circuit.[2]
A three-judge panel of the 11th Circuit noted that Congress has "stripped our jurisdiction to hear certain appeals of immigration cases." Specifically, "Congress enumerated several '[m]atters not subject to judicial review' in 8 U.S.C. § 1252(a)(2). As it pertains to this case, we do not have 'jurisdiction to review ... any judgment regarding the granting of relief under section ... 1255 of this title.' § 1252(a)(2)(B). However, even when this jurisdictional bar applies, we still have power to review constitutional claims or questions of law. See § 1252(a)(2)(D). In short, we cannot review appeals from judgments under § 1255 unless the party raises a constitutional claim or a question of law." Accordingly, the 11th circuit concluded it could review the BIA's legal conclusions at issue, but it could not review the BIA's factual findings.[2]
After reviewing the BIA's legal conclusions, the panel of the 11th Circuit found no grounds to overturn the BIA's findings and denied Patel's petition for review. Sitting en banc, the 11th Circuit also denied Patel's petition. Patel appealed to the U.S. Supreme Court.[2]
Questions presented
The petitioners presented the following questions to the court:[3]
Questions presented:
|
The court granted review limited to Question 1 only.
Oral argument
The U.S. Supreme Court heard oral argument on December 6, 2021.
Audio
Audio of oral argument:[5]
Transcript
Transcript of oral argument:[6]
Outcome
The court affirmed the decision of the United States Court of Appeals for the 11th Circuit in a 5-4 ruling, holding that federal courts do not have jurisdiction to review facts found during discretionary-relief proceedings under federal immigration law. Justice Amy Coney Barrett delivered the court's majority opinion. Justice Neil Gorsuch filed a dissent, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.[1]
Opinion
In the court's majority opinion, Justice Barrett wrote:[1]
“ |
Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States. When noncitizens violate those rules, Congress has provided procedures for their removal. At the same time, there is room for mercy: Congress has given the Attorney General power to grant relief from removal in certain circumstances. |
” |
—Justice Amy Coney Barrett |
Dissenting opinion
Justice Gorsuch filed a dissenting opinion, joined by Justices Breyer, Sotomayor, and Kagan.
In his dissent, Justice Gorsuch wrote:[1]
“ |
It is no secret that when processing applications, licenses, and permits the government sometimes makes mistakes. Often, they are small ones—a misspelled name, a misplaced application. But sometimes a bureaucratic mistake can have life-changing consequences. Our case is such a case. An immigrant to this country applied for legal residency. The government rejected his application. Allegedly, the government did so based on a glaring factual error. In circumstances like that, our law has long permitted individuals to petition a court to consider the question and correct any mistake. |
” |
—Justice Neil Gorsuch |
Text of the opinion
Read the full opinion here.
October term 2021-2022
The Supreme Court began hearing cases for the term on October 4, 2021. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[7]
The court agreed to hear 68 cases during its 2021-2022 term.[8] Four cases were dismissed and one case was removed from the argument calendar.[9]
The court issued decisions in 66 cases during its 2021-2022 term. Three cases were decided without argument. Between 2007 and 2021, SCOTUS released opinions in 1,128 cases, averaging 75 cases per year.
See also
External links
- Search Google News for this topic
- U.S. Supreme Court docket file - Patel v. Garland (petitions, motions, briefs, opinions, and attorneys)
- SCOTUSblog case file for Patel v. Garland
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 U.S. Supreme Court, Patel v. Garland, decided May 16, 2022
- ↑ 2.0 2.1 2.2 2.3 U.S. Court of Appeals for the 11th Circuit, Patel v. U.S. Attorney General, decided March 6, 2019
- ↑ 3.0 3.1 U.S. Supreme Court, "No. 20-979: Question Presented," accessed June 28, 2021
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, "Oral Argument - Audio," argued December 6, 2021
- ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued December 6, 2021
- ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed February 4, 2021
- ↑ Consolidated cases are counted as one case for purposes of this number.
- ↑ U.S. Supreme Court, "Order List: 593 U.S.," May 17, 2021