We will have a lot more to say in the coming days about this, but the Supreme Court’s 9-0 decision in Judulang v. Holder is about as clear a message as the court can send. Anyone who read the oral argument in the case should have seen the writing on the wall, but none could have predicted this resounding of a victory. Finally, the 212(c) “statutory counterpart” ridiculousness has been rejected outright. Unfortunately, over 250 federal circuit court opinions have invoked the “statutory counterpart” doctrine and numerous others decided not to take the issue up on appeal, given the weight of authority in favor of the doctrine. Undoubtedly, individuals who were eligible for a 212(c) waiver have been deported without having a chance to apply for one. The decision in Judulang truly represents a new day in immigration litigation and hopefully will permit deserving individuals to apply for waivers that previously were not available.
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I am a Kansas City immigration attorney. I represent immigrants in court, on appeal, and before the USCIS in visa applications, asylum, and naturalization.