Wilkinson v. Garland: Implications for Judicial Review of Petitions for Review (Practice Advisory)
NILA, Mar. 28, 2024
"On March 19, 2024, the Supreme Court issued its opinion in Wilkinson v. Garland, No. 22-666, 601 U.S. __, 2024 WL 1160995 (2024). The decision holds that the application of the statutory hardship standard for cancellation of removal, found in 8 U.S.C. § 1229b(b)(1)(D), to established facts presents a mixed question of law and fact which a federal court of appeals has jurisdiction to review...