Wilkinson v. Garland
Holding
The Immigration Judge's discretionary decision that Situ Kamu Wilkinson failed to satisfy 8 U.S.C. § 1229b(b)(1)(D)'s "exceptional and extremely unusual hardship" standard for determining eligibility for cancellation of removal is a mixed question of law and fact, reviewable under Section 1252(a)(2)(D)'s jurisdiction restoring exception for "questions of law"; the U.S. Court of Appeals for the 3rd Circuit's holding that the IJ's decision was unreviewable under Section 1252(a)(2)(B)(i) was in error.
Judgment
Reversed in part, vacated in part, and remanded, 6-3, in an opinion by Sonia Sotomayor on Mar 19, 2024. Justice Jackson filed an opinion concurring in the judgment. Chief Justice Roberts filed a dissenting opinion. Justice Alito filed a dissenting opinion in which Roberts and Justice Thomas joined.
Dec 8, 2022Application (22A516) to extend the time to file a petition for a writ of certiorari from December 18, 2022 to February 2, 2023, submitted to Justice Alito.
Dec 8, 2022Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
Dec 12, 2022Application (22A516) granted by Justice Alito extending the time to file until January 17, 2023.
Jan 17, 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)Feb 6, 2023Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
Feb 7, 2023Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
Mar 16, 2023Motion to extend the time to file a response from March 23, 2023 to May 5, 2023, submitted to The Clerk.
Mar 17, 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2023.
May 2, 2023Motion to extend the time to file a response from May 5, 2023 to May 12, 2023, submitted to The Clerk.
May 3, 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2023.
May 12, 2023Brief of respondent Merrick B. Garland, Attorney General in response to the petition for certiorari filed.May 30, 2023DISTRIBUTED for Conference of 6/15/2023.
May 30, 2023Reply of petitioner Situ Kamu Wilkinson filed. (Distributed)Jun 9, 2023Rescheduled.
Jun 20, 2023DISTRIBUTED for Conference of 6/22/2023.
Jun 29, 2023DISTRIBUTED for Conference of 6/29/2023.
Jun 30, 2023Petition GRANTED.
Jun 30, 2023As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
Jul 24, 2023Motion for an extension of time for the filing of the briefs on the merits filed.Jul 27, 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2023. The time to file respondent's brief on the merits is extended to and including October 18, 2023.
Aug 10, 2023Motion to dispense with printing the joint appendix filed by petitioner Situ Kamu Wilkinson.Aug 29, 2023Brief of petitioner Situ Kamu Wilkinson filed.Sep 5, 2023Brief amici curiae of Organizations Assisting Survivors of Domestic Violence filed.Sep 5, 2023Brief amici curiae of Former Executive Office for Immigration Review Judges filed.Sep 5, 2023Brief amicus curiae of American Immigration Lawyers Association filed.Sep 8, 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 12, 2023SET FOR ARGUMENT on Tuesday, November 28, 2023.
Oct 13, 2023Record requested from the United States Court of Appeals for the Third Circuit.
Oct 18, 2023Brief of respondent Garland, Attorney General of the United States filed. (Distributed)Oct 19, 2023CIRCULATED
Oct 19, 2023Electronic record received from the United States Court of Appeals for the Third Circuit.
Nov 17, 2023Reply of petitioner Situ Kamu Wilkinson filed. (Distributed)Nov 28, 2023Argued. For petitioner: Jaime A. Santos, Washington, D. C. For respondent: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 19, 2024Adjudged to be REVERSED IN PART, VACATED IN PART, and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion. Alito, J., filed a dissenting opinion in which Roberts, C. J.,
and Thomas, J., joined.
Apr 22, 2024Judgment Issued.Recommended Citation: Wilkinson v. Garland, SCOTUSblog, https://www.scotusblog.com/cases/wilkinson-v-garland/