"Issue : Whether a lawful permanent resident who was
convicted by guilty plea of an offense that renders him deportable and
excludable under differently phrased statutory subsections, but who did
not depart and reenter the United States between his conviction and the
commencement of removal...
"... Five amicus briefs were filed in support of Judulang and are
available here . One of those briefs in particular stands out. A group
of former immigration officials, including two former general counsel of
the INS, filed a brief in support of the petition in which they argue
Wednesday, October 12, 2011. The above-entitled matter came on for oral argument before the Supreme Court of the United States at 11:07 a.m.
Judulang v. Holder, No. 10-694 .
Last night I read the transcript of yesterday's Supreme Court oral argument in the case of Judulang v. Holder . Arguing for the Petitioner was Mark C. Fleming , a partner at WilmerHale. I was delighted to find that Mr. Fleming's argument was brilliant and compelling. And note that even Justice...
The following argument recap is written by Kevin R. Johnson, Dean of
the UC Davis School of Law and Mabie-Apallas Professor of Public
Interest Law and Chicana/o Studies. He is one of the editors of the ImmigrationProf Blog . "On October 12, the Court heard oral arguments in Judulang v. Holder...
Held: The BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A). Pp. 9–21. - Judulang v. Holder, Dec. 12, 2011 .
Here's the SCOTUSblog page , with all the links to all...
"In a stinging rejection of the U.S. government’s position, the Court
unanimously ruled in favor of Joel Judulang. Reversing and remanding
for a unanimous Court, Justice Elena Kagan began the opinion for the
Court as follows..." - Prof. Kevin Johnson, Dec. 13, 2011 .
IMPLICATIONS OF JUDULANG V. HOLDER FOR LPRs SEEKING § 212(c) RELIEF AND FOR OTHER INDIVIDUALS CHALLENGING ARBITRARY AGENCY POLICIES - Dec. 16, 2011, by Manny Vargas, Nancy Morawetz, Trina Realmuto, Dan Kesselbrenner, and Beth Werlin .
"The opinion filed January 31, 2011, slip opinion page 1867, and published at 633 F.3d 848, is withdrawn. ... Because Petitioner’s aggravated felony ground for removal lacked a comparable inadmissibility ground, the BIA found Petitioner ineligible for a waiver under section 212(c). In Judulang...
USCIS Proposes Change for Certain Unlawful-Presence Waivers
USCIS posted a Notice of Proposed Rulemaking in the Federal Register on March 30 that would reduce the time U.S. citizens are separated from their immediate relatives who must obtain immigrant visas abroad to become lawful permanent residents...
Nadeen Aljijakli writes: " I am very pleased to share the BIA's recent decision to reopen our client's case for consideration of 212(c) relief in light of the Supreme Court's case in Judulang v. Holder, 132 S.Ct. 476 (2011). Judulang held that the BIA's prohibitive policy in its...