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The intersection of criminal law and immigration law

Scholars Sidebar: SCOTUS holds § 212(c) comparable grounds requirement is arbitrary and capricious

In December the U.S. Supreme Court struck down the comparable grounds rule that had long been used to determine whether an individual facing deportation could seek relief under former INA § 212(c). Judulang v. Holder, No. 10-694, slip op. (U.S. Dec. 12, 2011). I wrote an article for LexisNexis analyzing the Supreme Court’s decision and its relevance for immigration practitioners. U.S. Supreme Court Holds BIA’s Comparable-Grounds Requirement for § 212(c) Relief is Arbitrary and Capricious, 2011 Emerging Issues 6164 (2011). The terms of my agreement with Lexis don’t allow me to make it available here for free, but interested readers can find it in the Lexis database (in the Emerging Issues Analyses section) or purchase it from the Lexis web site.

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