About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (June 14, 2022)

handle is hein.crs/govehoo0001 and id is 1 raw text is: Congressional __ Sa Research Service No Judicial Review of Fact Findings for Certain Discretionary Immigration Relief, Rules Supreme Court June 14, 2022 On May 16, 2022, the Supreme Court decided Patel v. Garland, a case concerning the scope of an Immigration and Nationality Act (INA) provision barring judicial review of decisions denying certain forms of discretionary immigration relief. Specifically, this case asked whether 8 U.S.C. § 1252(a)(2)(B)(i) (Subsection (B)(i)) precludes review by the federal courts of a nondiscretionary, factual determination that an alien is ineligible for discretionary relief from removal. In Patel v. Garland, the Supreme Court held that applicants may not seek judicial review of any judgment relating to the granting of discretionary relief from removal, including underlying factual findings. Immigration and Nationality Act The Immigration and Nationality Act governs the admission, removal, and presence of non-U.S. nationals (aliens, as the term is used in the INA) in the United States. An alien found to be inadmissible under 8 U.S.C. @ 1182 or deportable under 8 U.S.C. § 1227 may be ordered removed. For instance, Section 1182(a)(6)(A)(i) provides for the removal of aliens who are present in the United States without admission or parole. Immigration judges (IJs) within the Department of Justice (DOJ) conduct removal proceedings and may order removal. An alien may appeal an IJ's decision to the Board of Immigration Appeals (BIA), an administrative appellate body within DOJ. In most situations, a BIA decision can be appealed to a federal court of appeals. Congress has authorized relief from removal in certain situations. As relevant to this case, 8 U.S.C. § 1255(i) gives the Attorney General discretion to adjust the status of an eligible individual in certain specified circumstances, including those who have filed a labor certification under Section 1182(a)(5)(A). To be eligible for relief, the applicant must satisfy certain threshold requirements specified in statute, including that the applicant is not inadmissible. In the event of an unfavorable decision, review by a court is limited pursuant to 8 U.S.C. § 1252. Specifically, Section 1252(a)(2)(B)(i) bars judicial review of any judgment regarding the granting of relief' specified in five INA provisions that authorize discretionary relief, including adjustment of status Congressional Research Service https://crsreports.congress.gov LSB10762 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most