Tuesday, September 27, 2011
The U.S. Supreme Court granted cert in two immigration cases today. The cases are:
• Vartelas v. Holder, No. 10-1211. Should 8 U.S.C. § 1101(a)(13)(C)(v), which divests a legal permanent resident of his right, under Rosenberg v. Fleuti, 374 U.S. 449 (1963), to make "innocent, casual, and brief" trips abroad without fear that he will be denied re-entry, be applied retroactively to a guilty plea taken prior to the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act? The case involved a lawful permanent resident who had traveled abroad, and then sought re-entry, after having been convicted in 1994 of a crime involving moral turpitude.
• Holder v. Gutierrez, No. 10-542, consolidated with Holder v. Sawyers, No. 10-543. Can a parent's years of lawful permanent resident status be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. § 1229b(a)(1)'s requirement that the alien seeking cancellation of removal have "been an alien lawfully admitted for permanent residence for not less than 5 years," and can a parent's years of residence after lawful admission to the United States be imputed to an alien who resided with that parent as an unemancipated minor, for the purpose of satisfying 8 U.S.C. § 1229b(a)(2)'s requirement that the alien seeking cancellation of removal have "resided in the United States continuously for 7 years after having been admitted in any status"?
For background materials on the two cases, see SCOTUSBlog.com.
In October, the Court will hear oral argument in Judulang v. United States, a case raising complex issues concerning eligibility for Immigration & Nationality Act § 212(c) relief for a lawful permanent resident convicted of an "aggravated felony."
The Court before it has a cert petition pending in United States v. Arizona, in which the Ninth Circuit struck down as preempted by federal law four critical provisions of Arizona's controversial S.B. 1070.
All in all, this could well be a big year for immigration in the Supreme Court.