AILA President-Elect Jeremy McKinney Responds to Supreme Court Decision in Patel v. Garland

WASHINGTON, DC – Jeremy McKinney, President-Elect of the American Immigration Lawyers Association (AILA) responded to the decision released today by the U.S. Supreme Court in Patel v. Garland. Justice Amy Coney Barrett wrote the decision for a divided 5-4 court. Justice Neil Gorsuch wrote the dissent; he joined Justices Breyer, Sotomayor, and Kagan. The decision denies judicial review of an immigration court’s factual determinations regarding certain applications for removal relief such as applications for a noncitizen to become a lawful permanent resident. Mr. McKinney responded with the following statement:

“This decision strips non-citizens of an important avenue for relief after incorrect decisions by immigration judges. It does so by ignoring the plain language of the statute, which narrowly bars review only of judgments regarding the granting of relief. Many of those facing deportation have lived in our communities, raised families, and contributed to our shared prosperity for years; in this case an innocent mistake on a DMV form should have been reviewable. This decision is deeply disappointing to me as an attorney, but more than that it is detrimental to our nation’s fundamental obligation to treat people fairly, irrespective of their country of origin.”

Related Resources

• Supreme Court Rules Federal Courts May Not Review Factual Findings Made in Discretionary Relief Proceedings (Patel v. Garland, 5/16/22)