To What Extent Does Former Section 212(c) of the Immigration and Nationality Act Apply to Aliens Who Are Deportable for an Aggravated Felony Conviction?

Abstract

Case at a Glance: Judulang v. Holder

Joel Judulang, a legal permanent resident of the United States who is deportable for his conviction of an aggravated felony, asserts that he is eligible for relief from removal under former § 212(c) of the Immigration and Nationality Act. Section 212(c) provides discretionary relief from removal for certain legal permanent residents who are found inadmissible to the United States upon their return from a temporary absence. Even though § 212(c), by its terms, provides relief only to an alien facing removal under a ground of inadmissibility, Judulang argues that § 212(c) also applies to an alien who is deportable based on a conviction that would have rendered him inadmissible if he had left and attempted to reenter the United States.

Keywords: U.S. Supreme Court, immigration law, Immigration and Nationality Act, legal permanent residents