Sunday, June 10th, 2018

Fleuti Lives! The Restoration of a Constitutional Decision

Even
though the Vartelas Court did not
have to decide if Fleuti still lived,
it reminds us that, despite the failure of the BIA to realize it in Collado-Munoz, Fleuti is at heart a constitutional decision. Vartelas belongs in this same line of cases because it too
emphasizes the special protection that the Constitution offers to returning
LPRs. The  portion of Vartelas that  could serve as a springboard for such an
argument  in a future case is part of
footnote 7of the slip opinion:

"The act of
flying to Greece, in contrast, does not render a lawful permanent resident like
Vartelas hazardous. Nor is it plausible that Congress' solution to the problem
of dangerous lawful permanent residents would be to pass a law that would deter
such persons from ever leaving