Category Archives: U.S. Supreme Court

How do the immigration laws and the U.S. Constitution apply to lawful permanent residents (i.e., legal immigrants) who leave the United States and then return?

Posted on January 16, 2012 by Mike Baker

In Rosenberg v. Fleuti (1963) a lawful permanent resident from Switzerland visited Mexico for a few hours and, upon his return, was charged with being excludable because he had committed a “crime involving moral turpitude” before he left the country; … Continue reading →

Posted in 8 U.S.C. § 1101(a)(13)(C)(v), and brief” departure, Rights of lawful permanent residents, Rosenberg v. Fleuti, U.S. Supreme Court | Tagged | Leave a comment

Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).

Posted on December 20, 2011 by Mike Baker

Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading →

Posted in 212(c), Aggravated felony, crime of violence, U.S. Supreme Court | Leave a comment

Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction

Posted on June 14, 2010 by Mike Baker

In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens.  The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading →

Posted in Deportation for Drug Crimes, U.S. Supreme Court | Leave a comment

A court of appeals also may set aside a decision in which the BIA has abused its discretion in applying the law to the facts-7th Cir

Posted on May 4, 2010 by Mike Baker

Kucana v. Holder, No. 07-1002“The Supreme Court remanded this proceeding to the 7th Circuit for decision on the merits after holding that 8 U.S.C. §1252(a)(2)(B) does not affect judicial review of situations in which immigration officials’ discretion is specified by … Continue reading →

Posted in Kucana v. Holder, Motion to Reopen, U.S. Supreme Court | Leave a comment

Padilla v. Kentucky and the Immigration Consequences of Crimes

Posted on April 9, 2010 by Mike Baker

On March 31, 2010, in a landmark decision called Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and that … Continue reading →

Posted in ineffective assistance of counsel, U.S. Supreme Court | Leave a comment