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United States grounds illegality

Patel v Garland

596 U.S. 328 (2022)
JurisdictionUnited States
CourtUS Supreme Court
Year2022
StatusBinding authority

Summary

Federal courts lack jurisdiction under the INA to review factual findings underlying denials of discretionary immigration relief, reversing circuit court practice.

Key Principle

INA; judicial review; factual findings underlying denial of discretionary relief reviewable for substantial evidence

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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