Wilkinson v. Garland
Decided March 19, 2024. Sonia Sotomayor delivered the opinion of the Court.
Docket 22-666 · 601 U.S. 209 (2024) · Cited 253 times
Holding
The Immigration Judge’s discretionary decision that Mr. 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 §1252(a)(2)(D)’s jurisdiction restoring exception for “questions of law”; the Third Circuit’s holding that the IJ’s decision was unreviewable under §1252(a)(2)(B)(i) was in error.
The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. Read the official opinion for authority.
How the Justices voted
Decided 6–3.
Majority · 5
- Sonia Sotomayor · delivered the opinion of the Court
- Elena Kagan
- Neil M. Gorsuch
- Brett M. Kavanaugh
- Amy Coney Barrett
Concurring · 1
- Ketanji Brown Jackson · filed an opinion concurring in the judgment
Dissenting · 3
- John G. Roberts, Jr. · filed a dissenting opinion
- Clarence Thomas
- Samuel A. Alito, Jr. · filed a dissenting opinion
“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. The lineup is the syllabus’s disposition of who wrote and joined each opinion. Source: the opinion’s syllabus (supremecourt.gov).
Precedents cited
Supreme Court decisions this opinion relies on, ordered by how often it cites each. Cases in our collection link through; others are named.
- Williamsport Wire Rope Co. v. United States · 277 U.S. 551 (1928)
- Immigration & Naturalization Service v. St. Cyr · 533 U.S. 289 (2001)
- Pullman-Standard v. Swint · 456 U.S. 273 (1982)
- Morris v. Slappy · 461 U.S. 1 (1983)
- Ornelas v. United States · 517 U.S. 690 (1996)
- Kimble v. Marvel Entertainment, LLC · 576 U.S. 466 (2015)
Cited by
Later Supreme Court opinions in our collection that cite this case.
- Loper Bright Enterprises v. Raimondo · 603 U.S. 369 (2024)
- Department of State v. Munoz · 602 U.S. 899 (2024)
Official text
Read the official opinion (PDF, supremecourt.gov)
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Sonia Sotomayor’s profile · All Supreme Court opinions · The Supreme Court
Source: Supreme Court of the United States, slip opinions (2024). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-08-15. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).