Wilkinson v. Garland: Implications for Judicial Review of Petitions for Review 

This practice advisory addresses the Supreme Court’s holding and rationale in Wilkinson v. Garland, implications for petitions for review in other contexts, and steps that a noncitizen whose case is impacted by the decision may take.

On March 19, 2024, the Supreme Court issued Wilkinson v. Garland.  The Court held that the application of the hardship standard for cancellation of removal in 8 U.S.C. § 1229b(b)(1)(D) is a mixed question of law and fact that is subject to judicial review under 8 U.S.C. § 1252(a)(2)(D). The decision applies Guerrero-Lasprilla v. Barr, 589 U.S. 221 (2020), to review the hardship determination for cancellation.

KJ