Supreme Court to Decide §212(c) Waiver Issue

On April 18, 2011, the U.S. Supreme Court agreed to hear an immigration case, where it will decide the following issue:

Whether a lawful permanent resident who was convicted by guilty plea of an offense that renders him deportable and excludable under differently phrased statutory subsections, but who did not depart and reenter the United States between his conviction and the commencement of removal proceedings, is categorically foreclosed from seeking discretionary relief from removal under former Section 212(c) of the Immigration and Nationality Act.

The case is Judulang v. Holder (10-694).

This appeal from a Ninth Circuit decision asks the Court to determine whether and how 212(c) relief applies to individuals in deportation proceedings (as opposed to inadmissibility proceedings).

Read a concise summary of the facts and procedural history of the case.

Oral argument date has not yet been set.

Keep checking back on our blog for more updates!

Author
Recent Posts

Ruchi Thaker

Ruchi Thaker is New York City-based immigration attorney with extensive experience and excellent reputation for effective legal representation in simple and difficult immigration cases. I have experience in areas of deportation defense (criminal and non-criminal), federal court litigation, representation on appeals and motions with the immigration courts and the Board of Immigration Appeals, family-based immigration, asylum, naturalization, and consular processing.