Friday, June 1st, 2018

Opinion analysis: Court rejects retroactive application of 1996 immigration law amendment

"Just as I predicted
after the oral arguments, the Court found for Vartelas in a narrowly
drawn opinion that focused on the issue of the retroactivity of the 1996
amendments to the immigration laws.   The Court did not address whether
Immigration and Nationality Act § 101(a)(13)(C)(v) overruled its 1963
decision in Rosenberg v. Fleuti,
in which it held that an “innocent, casual, and brief” trip from the
country did not subject the returning lawful permanent resident to
treatment as seeking admission.  Nor did the Court address more broadly
the constitutional rights of lawful permanent residents. … As this analysis suggests, the Court’s decision in Vartelas v. Holder
is not likely to have a broad impact.  It will ensure that brief