Thursday, June 21st, 2018

Vartelas, ‘Piepowder Courts,’ and Predictability

"The refusal to sanction IIRIRA retroactivity in Vartelas v. Holder provides the kind of predictability that
LPRs need and deserve before they leave the USA and seek to return.
 This, after all, is why retroactivity is disfavored .This is precisely
why a piepowder court is not allowed; an LPR should know what this
status means, what his or her rights are and should be able to leave the
US with the confidence that an uneventful return is not only possible
but entirely to be expected. In this sense, the refusal to embrace
IIRIRA retroactivity and the caution against a piepowder court spring
from the same place and say the same