I spoke at the AILA Federal Litigation Section meeting again today. This is the second time that I’ve been asked to speak at the AILA Federal Litigation Section Meeting. Previously, I had posted that I spoke at the AILA Federal Litigation Section meeting on November 17, 2011.
Today, I spoke about the U.S. Supreme Court’s decision in Judulang v. Holder. The Supreme Court’s decision in Judulang involves the availability of waivers pursuant to INA § 212(c) to criminal aliens. The Supreme Court’s decision in Judulang overturned two decisions by the Board of Immigration Appeals: (1) Matter of Blake, 23 I. & N. Dec. 722 (2005); and (2) Matter of Brieva-Perez, 23 I. & N. Dec. 766 (2005). In doing so, the Supreme Court rejected the method that the Board was using to determine when deportable aliens could receive the waiver in deportation proceedings. The Supreme Court ordered the Board to come up with a new test. I spoke about strategies that immigration lawyers should use until there is a new test.