Vartelas v. Holder
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-1211 | 2d Cir. | Jan 18, 2012 | Mar 28, 2012 | 6-3 | Ginsburg | OT 2011 |
Holding: Because the Illegal Immigration Reform and Immigrant Responsibility Act burdens lawful activity on the basis of nothing more than past criminal activity, it was retroactive within the meaning of the Court"s precedents.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Ginsburg on March 28, 2012. Justice Scalia filed a dissenting opinion, joined by Justices Thomas and Alito.
SCOTUSblog Coverage
- Opinion analysis: Court rejects retroactive application of 1996 immigration law amendment (Kevin Johnson, April 2, 2012)
- Vartelas v. Holder and the retroactive application of the 1996 immigration amendments (Kevin Johnson, January 23, 2012)
- Argument preview: The rights of lawful permanent residents returning to the U.S. (Kevin Johnson, January 15, 2012)
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
- Brief for Asian American Justice Center et al.
- Brief of the National Immigrant Justice Center”
- Brief for the American Immigration Lawyers Association
- Brief for the Nat’l Assoc. of Criminal Defense Lawyers et al.
Merits Briefs for the Respondent
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