Whether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief

QUESTIONS PRESENTED Petitioner Pankajkumar S. Patel checked a box on a Georgia driver’s license application erroneously identifying himself as a U.S. citizen, even though Mr. Patel was eligible for a license regardless of his citizenship. When Mr. Patel later sought to adjust his status to law; ful permanent resident, a divided panel of the Board of Immigration Appeals (BIA) denied him relief, holding that he is inadmissible because he “falsely represented” himself as a U.S. citizen for a benefit under state law. 8 U.S.C. § 1182(a)(6)(C) (ii). Rejecting the government’s own position and that of nearly every other circuit, the en banc Eleventh Circuit, by a 9-5 vote, held that it lacked jurisdiction to review threshold eligibility findings for five major categories of discretionary relief from removal, such as ; whether Mr. Patel is inadmissible for mistakenly representing himself as a U.S. citizen. The Eleventh Circuit separately held, contrary to a precedential BIA decision, that Section 1182(a)(6)(C)Gi) renders noncitizens ; inadmissible even if their misrepresentation of citizenship is immaterial to the government benefit sought. The questions presented are: 1. Whether 8 U.S.C. § 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief. 2. Whether 8 U.S.C. § 1182(a)(6)(C)Gi), which renders a noncitizen inadmissible for “falsely represent[ing]” oneself to be a U.S. citizen for a government benefit, applies to immaterial misrepresentations. (i) . ( Z , NN