• Skip to main content
  • Skip to header right navigation
  • Skip to site footer
Dallas Immigration Lawyer VERDIN LAW • Immigration Attorney

Dallas Immigration Lawyer VERDIN LAW • Immigration Attorney

  • About
    • About VERDIN
    • FAQs
    • Isaul Verdin, Esq.
  • Practice Areas
    • Business Based Immigration
      • Non-Immigrant
      • Permanent Residency
      • E1 and E2 Visas
      • E2 Visa Tips
    • Family Based Immigration
      • Non-Permanent Residency
      • Permanent Residency
      • Deferred Action, Crime Victims, and Other Humanitarian Relief
      • Naturalization and Citizenship
    • Deportation Defense
  • Reviews
  • News
    • News and Info
    • VERDIN Videos
  • Contact

VERDIN Law - Dallas Immigration Attorney

Implications of Judulang v. Holder for Immigration Proceedings

You are here: Home / VERDIN Blogs / Implications of Judulang v. Holder for Immigration Proceedings
August 6, 2015

Please Note: This post was published in 2015 and may not contain current information.

In 2017, if you have any civil or criminal conviction – it is NOT RECOMMENDED to travel outside the U.S.

Please Contact Us for 2017 immigration law questions.


August 2015

In the recent Supreme Court decision Judulang v. Holder, the Supreme Court struck down the Board of Immigration Appeals’ policy of limiting section 212(c) relief to deportable aliens based on whether the ground of deportability has an adequately comparable statutory ground of excludability in section 212 of the Act. However, the high court did not seek to fill the resulting legal vacuum with a new standard for governing the applicability of section 212(c) to deportation cases. As a result, there now exists an intriguing opportunity for creating more favorable precedent on this particular issue.

One of the possible consequences of Judulang may be the resurgence of a previously adopted method for limiting the application of section 212(c) in deportation proceedings. This method involves an examination of how the deportable alien would have fared in exclusion proceedings, i.e. it asked the question “does the basis for the alien’s deportability (usually a crime) fall within a statutory ground of excludability?” See, e.g., Matter of Tanori, 15 I&N Dec. 566, 567-568 (1976) (determining that deportable alien was eligible to seek 212(c) waiver nunc pro tunc because the “same facts” which rendered him deportable would have rendered him excludable at the time of his last entry). The “falls within a ground of excludability” line of cases may well have been revived by Judulang’s abolishment of the “comparable ground of excludability” standard. Notably, the “falls within a ground of excludability” standard for applying 212(c) in deportation proceedings was the law of the Second Circuit even before Judulang resolved a circuit split on the issue. See Blake v.Carbone, 489 F. 3d 88, 103 (2d. Cir. 2007) (rejecting the BIA’s approach and holding instead that “[i]f the offense that renders [an alien] deportable would render a similarly situated [alien] excludable, the deportable [alien] is eligible for a waiver of deportation”). Blake v. Carbone may therefore be, at least for the present time, the most persuasive authority on the issue in circuits which previously followed the “comparable ground” standard.

Another consequence of Judulang is that the decision provides a legitimate basis for a motion to reopen for deportable aliens previously denied 212(c) relief for lack of a comparable ground of excludability.

The implications of Judulang are far reaching for many aliens at various stages of removal proceedings, but the full reach of the decision will depend on many factors, especially in the motion to reopen/reconsider context as Judulangclashes with the varied and still-developing law governing issues such as sua sponte reopening, the departure bar, and the other regulatory limitations on such motions. For further reading on the implications of Judulang, check out the following link from the American Immigration Council’s Legal Action Center.

For more information on Judulang v. Holder visit Legal Action Center

Category: VERDIN Blogs, VERDIN News
Previous Post: « Are Lawyers Questioning Whether Local Law Officials are Following Proper 287g Program Standards?
Next Post: Permanent Residents with Criminal Convictions: What You Should Know Before Leaving the United States »

Sidebar

VERDIN LAW DALLAS

At VERDIN, our clients are always the highest priority. Built on a foundation of exceptional customer service, VERDIN is highly regarded for its responsiveness to clients.

We understand that our clients are entrusting their jobs, families, and futures to the firm, and we treat that trust with the utmost respect.

VERDIN Dallas Immigration Law
900 Jackson Street, Suite 535
Dallas, TX 75202

Main 214-741-1700
Toll Free (800) 656-4232

Contact Us

VERDIN
Dallas Immigration Law

At VERDIN, our clients are always the highest priority.

Built on a foundation of exceptional customer service, VERDIN is highly regarded for its responsiveness to clients. We understand that our clients are entrusting their jobs, families, and futures to the firm, and we treat that trust with the utmost respect.

VERDIN Immigration Law
900 Jackson Street, Ste 535
Dallas, Texas 75202

(214) 741-1700

(800) 656-4232

Isaul Verdin, VERDIN Law

Isaul VERDIN - Texas Board Certified - Immigration Law
VERDIN Law - American Immigration Lawyer's Association

VERDIN is a full service immigration law firm providing comprehensive immigration solutions to international employers, investors, startups, individuals and families.

Every VERDIN client receives a customized plan designed to deliver the very best results.

Today, VERDIN capitalizes on its experience, industry relationships, and cutting edge technology to guide clients safely and efficiently through the intricate U.S. immigration system.

Recognized by the Best Lawyers in America© 2021 - Isaul Verdin, Dallas Immigration Lawyer
Contact VERDIN Law

(214) 741-1700

Copyright © 2022 · Dallas Immigration Lawyer VERDIN LAW • Immigration Attorney · All Rights Reserved

VERDIN Law is a full service immigration law firm providing comprehensive immigration solutions in the Dallas Fort Worth area.

The information on the Verdin Law Firm website has been reviewed and approved by Isaul Verdin and is for general information purpose only.

Privacy Policy