Patel v. Garland

Pankajkumar Patel is a citizen of India who entered the United States without inspection. In 2012, the Department of Homeland Security charged Patel as removable for being present without inspection. At a hearing, Patel conceded that he was removable but sought discretionary relief from removal on the grounds that he had an approved I-140 employment authorization document. To be eligible for discretionary relief from removal, a noncitizen must show, among other things, “clearly and beyond doubt” that he is not inadmissible. However, Patel’s admissibility is in doubt because, when he applied for a Georgia driver’s license in 2008, he falsely represented himself when he checked a box indicating he is a U.S. citizen. At his removal hearing, Patel argued that it was simply a mistake and was immaterial since citizenship was not required to obtain the driver’s license. The immigration judge (IJ) rejected Patel’s arguments and denied his application for adjustment of status. The Board of Immigration Appeals affirmed, finding no clear error in the factual findings. A panel of the U.S. Court of Appeals for the Eleventh Circuit held that it lacked jurisdiction to review the factual findings of the IJ, based on 8 U.S.C. § 1252(a)(2)(B), which provides that “no court shall have jurisdiction to review” “any judgment regarding the granting of relief” for certain enumerated categories of discretionary relief, including the relief for which Patel applied.