Amicus Brief to Supreme Court on Judicial Review Over Eligibility Determinations for Certain Forms of Discretionary Relief from Removal


September 7, 2021

This amicus brief asks the U.S. Supreme Court to reject the Eleventh Circuit’s conclusion that 8 U.S.C. § 1252(a)(2)(B)(i) bars judicial review over eligibility determinations for certain forms of discretionary relief from removal because such an interpretation of the statute:

  1. Erroneously conditions the availability of judicial review on the Executive’s charging decisions;
  2. Is contrary to the will of Congress under Kucana v. Holder; and
  3. Subjects noncitizens to an unfair and arbitrary regime governing access to immigration relief, contrary to Judulang v. Holder.

The American Immigration Council filed this amicus brief in Patel v. Garland with the Bronx Defenders, Catholic Legal Immigration Network, Inc., the National Immigration Law Center, the National Immigration Project of the National Lawyers Guild, and the Southern Poverty Law Center.

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