Immigration Law

Recent Posts

CA2 on 212(c), Rankine, Vartelas: U.S. v. Gill
Posted on 7 May 2014 by Daniel M. Kowalski

"This case requires us to decide whether the petitioner Ricardo Allen Gill can sustain a collateral challenge to his order of deportation, which is a defense to a prosecution for illegal reentry in violation of 8 U.S.C. § 1326(a), (b)(2). The... Read More

Supreme Court, 6-3, on Retroactivity: Vartelas v. Holder
Posted on 28 Mar 2012 by Daniel M. Kowalski

"This case presents a question of retroactivity not addressed by Congress: As to a lawful permanent resident convicted of a crime before the effective date of IIRIRA, which regime governs, the one in force at the time of the conviction, or IIRIRA... Read More

Supreme Court oral argment recap: Vartelas v. Holder (retroactivity)
Posted on 20 Jan 2012 by Daniel M. Kowalski

Here's a link to the SCOTUSblog page containing links to the transcript of the oral argument on Jan. 18th, all the briefs, the opinion below , and an argument preview by Dean Kevin Johnson. Hats way off to Prof. Stephanos Bibas , who argued for... Read More

Vartelas Practice Advisory
Posted on 5 Apr 2012 by Daniel M. Kowalski

" This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions... Read More

Vartelas, 'Piepowder Courts,' and Predictability
Posted on 17 Apr 2012 by Daniel M. Kowalski

" The refusal to sanction IIRIRA retroactivity in Vartelas v. Holder provides the kind of predictability that LPRs need and deserve before they leave the USA and seek to return. This, after all, is why retroactivity is disfavored .This is precisely... Read More

Fleuti Lives! The Restoration of a Constitutional Decision
Posted on 9 Apr 2012 by Daniel M. Kowalski

Even though the Vartelas Court did not have to decide if Fleuti still lived, it reminds us that, despite the failure of the BIA to realize it in Collado-Munoz , Fleuti is at heart a constitutional decision. Vartelas belongs in this same line of cases... Read More

Opinion analysis: Court rejects retroactive application of 1996 immigration law amendment
Posted on 3 Apr 2012 by Daniel M. Kowalski

"Just as I predicted after the oral arguments, the Court found for Vartelas in a narrowly drawn opinion that focused on the issue of the retroactivity of the 1996 amendments to the immigration laws. The Court did not address whether Immigration... Read More

Tags: Johnson , vartelas

Unpub. BIA 212(c) Vartelas Victory in Boston
Posted on 26 Dec 2013 by Daniel M. Kowalski

"[W]e are convinced that Supreme Court precedent has superceded the regulatory prohibition against granting 212(c) relief under St. Cyr to aliens convicted after trial." Vacated and remanded. Matter of X-, Dec. 6, 2013 . [Hats off to Maude ... Read More