Supreme Court Reverses Board of Immigration Appeals Policy

http://www.nytimes.com/2012/01/03/opinion/irrationality-in-deportation-law.html?_r=1&ref=immigration

In Judulang v. Holder, the United States Supreme Court overturned an arbitrary rule of the Board of Immigration Appeals that denied relief from deportation to lawful permanent residents convicted of certain crimes prior to the enactment of new law in 1996.  Justice Kagan was critical of the irrational policy of the Board of Immigration Appeals regarding the relief in issue and stated that it had turned the deportation decision into a “sport of chance,” like “flipping a coin- heads an alien may apply for relief, tails he may not.”

Written by

Michael P. Gianelli, Esq., is licensed to practice in Colorado, New York, and California (inactive). Prior to establishing the Law Office of Michael P. Gianelli, LLC, he practiced in New York at Reynolds, Caronia, Gianelli & La Pinta, LLP.

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