Fernandez-Vargas v. Gonzales

SCOTUSCase
Litigants = Fernandez-Vargas v. Gonzales
ArgueDate = March 22
ArgueYear =2006
DecideDate = June 22
DecideYear =2006
FullName = Fernandez-Vargas v. Gonzales, Attorney General
USVol=548
USPage=30
Prior=
Subsequent=
Holding = Section 241(a)(5) applies to those who reentered the United States before IIRIRA’s effective date and does not retroactively affect any right of, or impose any burden on, the continuing violator of the INA now before this Court. 394 F. 3d 881, was affirmed.
SCOTUS= 2006
Majority= Souter
JoinMajority= Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Alito
Concurrence=
Dissent= Stevens
JoinDissent=
Dissent2=
JoinDissent2=
Dissent3=
LawsApplied=

"Fernandez-Vargas v. Gonzales", 548 U.S. 30 (2006) is a United States Supreme Court case that considered Fernandez-Vargas, a Mexican citizen who, after being deported, illegally reentered the United States in 1982, and remained undetected for over 20 years, fathering a son in 1989 and marrying the boy’s mother, a U.S. citizen, in 2001. He filed an application to adjust his status to that of a lawful permanent resident, but the Government began proceedings to reinstate his 1981 deportation order under §241(a)(5), and deported him. Fernandez-Vargas argued that because he illegally reentered the county before IIRIRA’s effective date, §241(a)(5) did not bar his application for an adjustment of status, and that §241(a)(5) would be impermissibly retroactive if it did bar his adjustment application. The Court held that Section 241(a)(5) applies to those who reentered the U.S. before IIRIRA’s effective date and does not retroactively affect any right of, or impose any burden on, the continuing violator of the INA now before this Court.

ee also

* List of United States Supreme Court cases, volume 548

References

External links

* [http://www.law.cornell.edu/supct/html/04-1376.ZS.html Text of the opinion from LII, Cornell University]