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December 12, 2011

New SCOTUS admin law decision

From BNA U.S. Law Week - Supreme Court Today:

Judulang v. Holder, No. 10-694. The Bureau of Immigration Appeals's policy under a pre-1996 version of the Immigration and Nationality Act for applying discretionary relief from removal standards to an alien who was convicted by a guilty plea of an offense than rendered him deportable and excludable under differently phrased statutory sections was arbitrary and capricious. The BIA's approach to the immigration law provisions at issue "is unmoored from the purposes and concerns of the immigration laws," and "is not supported by text or practice or cost considerations," and therefore "cannot pass muster under ordinary principles of administrative law."

More to come. EMM

December 12, 2011 in Admin Cases, Recent, Supreme Court | Permalink

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