Thursday, March 29, 2012

New Supreme Court Case - good news - Vartelas v Holder

In Vartelas v. Holder, 3/28/12, the U.S. Supreme Court held that an LPR with a pre-IIRIRA convictions not subject to the applicant for admission provisions of INA § 101(a)(13)(A).  The Court that that section does not have retroactive effect.  This effectively resurrects Fleuti v Rosenberg for some LPRs.  In other words, an LPR with a pre-IIRIRA conviction will not be considered to be an applicant for admission after a trip abroad.

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