Tuesday, December 13, 2011

United States Supreme Court Overturns Important Board of Immigration Decision About Relief Available to Green Card Holders With Convictions Before April 1996

The United States Supreme Court reversed the Board of Immigration Appeals Decision,  Matter of Blake, 23 I.& N. Dec. 722 (2005) deciding that the BIA had acted arbitrarily in denying relief to immigrants who had certain criminal convictions before April 1996 and found that these green card holders should have been permitted to seek a waiver of deportation.   In particularly strong language, the Court stated:  "The BIA's [standard for determination] is unmoored from the purposes and concerns of the immigration laws.  It allows an irrelevant comparison between statutory provisions to govern a matter of utmost importance - whether lawful resident adults with longstanding ties to this country may stay here." Judulang v. Holder, Dec. 12, 2011.


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