A challenge to whether federal courts can review an immigration judge’s denial of a deportation hardship waiver will get US Supreme Court review.
The justices on Friday granted the appeal of Situ Kamu Wilkinson in a case they’ll hear next term.
An immigration judge rejected his bid to avoid deportation, pushing aside both his effort to show his removal would cause hardship for his son and his assertion that he would be under threat of persecution if returned to Trinidad and Tobago.
The Board of Immigration Appeals affirmed the decision and he appealed to the US Court of Appeals for the Third Circuit.
The Third Circuit said it had no jurisdiction to address the BIA’s analysis of his hardship appeal because, the appeals court concluded, that decision had been discretionary. The Third Circuit also rejected his claim of persecution.
The case is Wilkinson v. Garland, U.S., No. 22-666, cert granted 6/30/23.
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