"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...
"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...
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...
" 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...
" 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...
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...
"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
"[W]e are convinced that Supreme Court precedent has superceded the regulatory prohibition against granting 212(c) relief under St. Cyr to aliens convicted after trial."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 ...