Patel v. Garland

Summary

Justice Barrett, joined by Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh, held that federal courts lack jurisdiction to review factual findings made in proceedings concerning discretionary relief under 8 U.S.C. §1255 and the other provisions enumerated in §1252(a)(2)(B)(i), including findings concerning statutory eligibility. The Court affirmed the Eleventh Circuit and left undecided the reviewability of USCIS decisions made outside removal proceedings. Justice Gorsuch dissented, joined by Justices Breyer, Sotomayor, and Kagan. He would distinguish threshold statutory eligibility determinations from ultimate discretionary decisions granting relief and permit judicial review of the former. He also warned that the majority’s interpretation threatened judicial review of adjustment applications outside removal proceedings.