In an interview with Fox News host Sean Hannity on Donald Trump's immigration platform, Univison...
Reinstatement of Removal
Fernandez-Vargas v. Gonzales, 548 U.S. 30 (2006)
- In a decision dated June 22, 2006, the Supreme Court held that INA §241(a)(5) – the reinstatement of removal provision – may be applied to persons who reentered the U.S. prior to the effective date of IIRIRA (April 1, 1997) and who did not take any affirmative steps to legalize status before that date.
- The Court’s decision rested on the retroactivity analysis in Landgraf v. USI Film Products, 511 U.S. 244 (1994).
- The Court concluded that there was no retroactive effect because petitioner’s conduct – remaining in the U.S. after illegal reentry – was not completed before the enactment of INA §241(a)(5).
- AILF Practice Advisory: Reinstatement of Removal (updated July 11, 2006)
Read Our Blog
Read the latest in immigration news at ImmigrationImpact.com, with new articles published every weekday.
Text FACTS to 51555 to get the latest posts sent right to your phone.