Justices grapple with question of federal court review in immigration cases

Justices grapple with question of federal court review in immigration cases

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The Supreme Court on Monday heard oral argument in Patel v. Garland, an immigration case that raises a question about federal court review for noncitizens who were denied certain types of discretionary relief. For just over 90 minutes, the justices explored statutory text, legislative history, and the presumption of judicial review.

The case involves Pankajkumar Patel, a citizen of India who has lived and worked in the United States for nearly 30 years. Patel applied for “adjustment of status,” … Read the rest

Justices will decide scope of judicial review over certain immigration decisions

Justices will decide scope of judicial review over certain immigration decisions

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Patel v. Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme Court will hear oral argument in the case on Monday.

Congress created a process known as “adjustment of status” so that immigrants physically present in the United States could change their status to that of a lawful permanent resident (i.e., a green card holder) … Read the rest