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United States grounds illegality

Wilkinson v Garland

601 U.S. 209 (2024)
JurisdictionUnited States
CourtUS Supreme Court
Year2024
StatusBinding authority

Summary

The BIA's application of legal standards to facts in a cancellation-of-removal hardship determination is a mixed question of law and fact reviewable by federal courts of appeals.

Key Principle

BIA's application of law to facts in hardship determination is mixed question reviewable by court

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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