Wilkinson v. Garland

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-666	3rd Cir.	Nov 28, 2023	Mar 19, 2024	6-3	Sotomayor	OT 2023

Holding: The Immigration Judge"s discretionary decision that Situ Kamu 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 Section 1252(a)(2)(D)"s jurisdiction restoring exception for "questions of law"; the U.S. Court of Appeals for the 3rd Circuit"s holding that the IJ"s decision was unreviewable under Section 1252(a)(2)(B)(i) was in error.

Judgment: Reversed in part, vacated in part, and remanded, 6-3, in an opinion by Justice Sotomayor on March 19, 2024. Justice Jackson filed an opinion concurring in the judgment. Chief Justice Roberts filed a dissenting opinion. Justice Alito filed a dissenting opinion in which Roberts and Justice Thomas joined.

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Date	Proceedings and Orders (key to color coding)
12/08/2022	Application (22A516) to extend the time to file a petition for a writ of certiorari from December 18, 2022 to February 2, 2023, submitted to Justice Alito.
12/08/2022	Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.
12/12/2022	Application (22A516) granted by Justice Alito extending the time to file until January 17, 2023.
01/17/2023	Petition for a writ of certiorari filed. (Response due February 21, 2023)
02/06/2023	Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
02/07/2023	Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
03/16/2023	Motion to extend the time to file a response from March 23, 2023 to May 5, 2023, submitted to The Clerk.
03/17/2023	Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2023.
05/02/2023	Motion to extend the time to file a response from May 5, 2023 to May 12, 2023, submitted to The Clerk.
05/03/2023	Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2023.
05/12/2023	Brief of respondent Merrick B. Garland, Attorney General in response to the petition for certiorari filed.
05/30/2023	DISTRIBUTED for Conference of 6/15/2023.
05/30/2023	Reply of petitioner Situ Kamu Wilkinson filed. (Distributed)
06/09/2023	Rescheduled.
06/20/2023	DISTRIBUTED for Conference of 6/22/2023.
06/29/2023	DISTRIBUTED for Conference of 6/29/2023.
06/30/2023	Petition GRANTED.
06/30/2023	As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
07/24/2023	Motion for an extension of time for the filing of the briefs on the merits filed.
07/27/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2023. The time to file respondent's brief on the merits is extended to and including October 18, 2023.
08/10/2023	Motion to dispense with printing the joint appendix filed by petitioner Situ Kamu Wilkinson.
08/29/2023	Brief of petitioner Situ Kamu Wilkinson filed.
09/05/2023	Brief amici curiae of Organizations Assisting Survivors of Domestic Violence filed.
09/05/2023	Brief amici curiae of Former Executive Office for Immigration Review Judges filed.
09/05/2023	Brief amicus curiae of American Immigration Lawyers Association filed.
09/08/2023	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
10/12/2023	SET FOR ARGUMENT on Tuesday, November 28, 2023.
10/13/2023	Record requested from the United States Court of Appeals for the Third Circuit.
10/18/2023	Brief of respondent Garland, Attorney General of the United States filed. (Distributed)
10/19/2023	CIRCULATED
10/19/2023	Electronic record received from the United States Court of Appeals for the Third Circuit.
11/17/2023	Reply of petitioner Situ Kamu Wilkinson filed. (Distributed)
11/28/2023	Argued. For petitioner: Jaime A. Santos, Washington, D. C. For respondent: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
03/19/2024	Adjudged to be REVERSED IN PART, VACATED IN PART, and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion. Alito, J., filed a dissenting opinion in which Roberts, C. J., and Thomas, J., joined.
04/22/2024	Judgment Issued.