This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Patel, petel argued that he mistakenly checked the “citizen” box on his state application, so he lacked the intent required to violate the federal statute.
The Government contended that the term “judgment” in the statute refers only to decisions that require discretion.
The Supreme Court held that §1252(a)(2)(B)(i) extends to any judgment “regarding” the granting of relief, not just the final grant or denial.
An immigration judge denied Patel’s application for adjustment of status and ordered his removal from the United States.
Justices Breyer, Sotomayor, and Kagan filed a dissenting opinion.
- [1] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 2
- [2] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 3
- [3] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 11
- [4] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 18
- [5] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 9
- [6] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 5
- [7] d7d666a0f11621f26c99-r1-995bbf062026d06e.pdf, p. 21
Background and question before the Court
Patel petitioned the Eleventh Circuit for review, but the circuit panel held it lacked jurisdiction to consider his claim.
Justices asked what the phrase “judgment regarding the granting of relief” means.
What each side argues
Patel
Patel argued that he mistakenly checked the “citizen” box, so he lacked the requisite intent to violate the statute.
Patel agreed that “judgment” implies discretion but argued that the phrase should be read to focus on the immigration judge’s discretionary decision to grant relief.
Government
The Government argued that “judgment” refers only to decisions that require discretion.
According to Government, the Government further defined “judgment” under §1252(a)(2)(B)(i) as a decision that requires the use of discretion.
According to U.S. Government, the United States Government argued that the historical interpretation of the statute supports a discretionary reading.
Petitioners
According to Mark C. Fleming (Petitioners), according to Mark C. Fleming (Petitioners), petitioners argued that §1252(a)(2)(B)(i) does not bar review of the agency’s threshold determination of ineligibility for adjustment of status.
According to MR. FLEMING, petitioners contended that the phrase “judgment regarding the granting of relief” refers only to the final step‑2 determination, not the earlier eligibility step‑1.
According to Petitioners, petitioners acknowledged that certain eligibility criteria will be unreviewable under the second clause of the statute.
Petitioners argued that both their and the Government’s interpretations suffer from textual and workability problems.
What happened at oral argument
According to Chief Justice Roberts, chief Justice Roberts announced the hearing, stating, “We’ll hear argument first this morning in Case 20‑979, Patel versus Garland.”
Justices asked questions about the meaning of “judgment regarding the granting of relief,” including Justice Thomas’s query about reviewing judgments versus reasoning.
What the Court decided
The majority held that §1252(a)(2)(B)(i) extends to any judgment “regarding” the granting of relief, not merely the final grant or denial.
Justices Breyer, Sotomayor, and Kagan filed a dissent, joined by Justice Gorsuch, arguing that federal courts lack jurisdiction to review discretionary‑relief proceedings under §1252(a)(2)(B)(i).
Why it matters
According to Court, the Court’s interpretation determines whether immigration judges’ discretionary decisions are subject to judicial review, affecting the ability of many non‑citizens to challenge removal orders.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 75563c179410bcd43f7f-r1-c6cab9caa4685970.pdforal argument transcript
- d7d666a0f11621f26c99-r1-995bbf062026d06e.pdfopinion
Guide generated September 28, 2026. Automated validation accepted this version.