Supreme Court Update

The Supreme Court Update provides information about recent Supreme Court decisions in immigration cases, immigration cases where the Supreme Court has granted a petition for certiorari, and selected pending petitions for certiorari. The site features case summaries, dates for oral argument and additional resources related to each case such as amicus briefs and practice advisories.

Certiorari Granted | Petition for Certiorari Pending | Cases Decided | Supreme Court Resources

Contact Us! Please contact the Clearinghouse at clearinghouse@immcouncil.org if you know of any additional resources or changes in the status of cases that are not indicated here.

CERTIORARI GRANTED

Court to Hear Challenge to Arizona SB 1070

United States v. Arizona, 641 F.3d 339 (9th Cir. 2011), cert. granted sub nom., Arizona v. United States (Dec. 12, 2011) (No. 11-182)

The Supreme Court has granted certiorari in the legal challenge arising from the federal government's suit against Arizona SB 1070. The Ninth Circuit upheld a temporary injunction against four of the law's provisions. Two of the provisions requires state officers to arrest and investigate suspected unlawfully present noncitizens in certain circumstances, while two others create additional penalties under state law for engaging in activities that are prohibited under federal immigration law, such as engaging in work without employment authorization and failing to obtain or carry registration documents.

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Court to Consider Imputation of Residence, LPR Status for Cancellation of Removal

Gutierrez v. Holder, 411 Fed. Appx. 121 (9th Cir. 2011) cert. granted sub nom., Holder v. Gutierrez (Sept. 27, 2011) (No. 10-1542)

Sawyers v. Holder, 399 Fed. Appx. 313 (9th Cir. 2010) cert. granted sub nom., Holder v. Sawyers, (Sept. 27, 2011) (No. 10-1543)

The Supreme Court has granted certiorari in two cases considering whether residence in the United States and status as a lawful permanent resident can be “imputed” to unemancipated minor children for purposes of obtaining cancellation of removal under INA § 240A(a). In contrast with the BIA, the Ninth Circuit has held that both U.S. residence and LPR status may be imputed. Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. 2005); Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009). The Court consolidated the cases for oral argument. Read more...

Court to Consider Interaction of Fleuti Doctrine, INA § 101(a)(13)(C)

Vartelas v. Holder, 620 F.3d 108 (2d Cir. 2010), cert. granted Sept. 27, 2011 (No. 10-1211)

The Supreme Court has granted certiorari in a case involving the retroactivity of INA § 101(a)(13)(C)(v), whereby lawful permanent residents returning from abroad are deemed to be seeking admission to United States if they previously have committed designated criminal offenses. The Second Circuit held in the decision below that the provision may be validly applied to guilty pleas entered prior to the enactment of the provision, in conflict with prior decisions of the Fourth and Ninth Circuits. Olatunji v. Ashcroft, 387 F.3d 383 (4th Cir. 2004); Camins v. Gonzales, 500 F.3d 872 (9th Cir. 2007). Read more...

Court to Consider Whether Tax Fraud Conviction is Aggravated Felony

Kawashima v. Holder, 615 F.3d 1043 (9th Cir. 2010), cert. granted, 2011 U.S. LEXIS 3840 (May 23, 2011) (No. 10-577).

The Supreme Court granted certiorari in a removal case to consider whether a false statement on a corporate tax return is an aggravated felony as defined in INA § 101(a)(43)(M)(i) (offense involving fraud or deceit). The Ninth Circuit – in conflict with the Third Circuit, Ki Se Lee v. Ashcroft, 368 F.3d 218 (3d Cir. 2004) – held that the offense is an aggravated felony. Read more...

CASES DECIDED

Court Overturns BIA Decision Matter of Blake Regarding 212(c) Eligibility

Judulang v. Holder, No. 10-694, 565 U.S. ___ (Dec. 12, 2011)

The Supreme Court issued a unanimous decision overturning the Board of Immigration Appeals’ (Board or BIA) policy of restricting relief from removal, namely section 212(c) waivers, for many lawful permanent residents (LPRs) with old criminal convictions. Under the Board’s now-rejected policy, LPRs found deportable were eligible for 212(c) relief only if they could show that the ground of deportation was substantially equivalent to a ground of inadmissibility. The Board’s policy, referred to as the “comparable ground test,” was announced in the 2005 decisions Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005). Read more...

Court Affirms Ninth Circuit Ruling in Citizenship Case

Flores-Villar v. United States, No. 09-5801, 564 U. S. ___, 131 S. Ct. 2312, 2011 U.S. LEXIS 4378 (June 13, 2011)

The Supreme Court affirmed the Ninth Circuit’s decision in a case involving whether two former citizenship provisions in the INA violate equal protection. These sections imposed a five-year residence requirement, after the age of fourteen, on U.S. citizen fathers -- but not on U.S. citizen mothers -- before they may transmit citizenship to a child born out of wedlock abroad to a noncitizen. Read more...

Court Vacates Injunction Against Hazleton Ordinances, Remands for Further Consideration

Hazelton v. Lozano, No. 10-772, 563 U.S. __ , 2011 U.S. LEXIS 4259 (June 6, 2011).

In early June, the Court granted the petition in Hazleton v. Lozano, vacated the judgment of the Third Circuit, and remanded the case for further consideration in light of the decision in Chamber of Commerce v. Whiting, No. 09-115, 563 U. S. __ (2011). The Third Circuit had upheld an injunction against the city of Hazleton, Pennsylvania, prohibiting the implementation of a pair of controversial ordinances designed to prohibit employers and landlords from employing and renting to undocumented residents.

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Court Upholds Arizona Law Mandating E-Verify, Creating Employer Sanctions

Chamber of Commerce v. Whiting, No. 09-115, 563 U. S. __, 131 S. Ct. 1968, 2011 U.S. LEXIS 4018 (May 26, 2011)

In a 5-3 decision written by Chief Justice Roberts, the Court held that the Legal Arizona Workers Act of 2007 is not preempted by federal law. The Arizona law mandates the use of E-Verify by all employers within the state and allows Arizona courts to suspend or revoke the business license of any employer who “knowingly or intentionally” violates federal employment verification requirements. Read more...

Second or Subsequent Possession Conviction is Not an Aggravated Felony

Carachuri-Rosendo v. Holder, No. 09-60, 560 U.S. ___, 130 S. Ct. 2577, 2010 U.S. LEXIS 4764 (2010)

The Supreme Court held that a second or subsequent simple drug possession conviction does not qualify as an aggravated felony under INA § 101(a)(43)(B) (“drug trafficking crimes”) and therefore does not preclude a lawful permanent resident from applying for cancellation of removal. Read more...

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