SCOTUS is hearing oral arguments in immigration case out of the Ninth Circuit in Judulang v. Holder, Docket No.: 10-694, on issue of whether Lawful Permanent Resident who plead guilty to manslaughter in 1989, was eligible for INA § 212(c) waiver relief.
In reading the memorandum from the Ninth Circuit, the primary claim for relief by the petitioner seemed to be one of derivative citizenship through his parents, both of whom naturalized. However, the record below seems to indicate that his mother did not naturalize until he turned nineteen.
The question certified for review is:
Whether a lawful permanent resident who was convicted by guilty plea of an offense that renders him deportable and excludable under differently phrased statutory subsections, but who did not depart and reenter the United States between his conviction and the commencement of removal proceedings, is categorically foreclosed from seeking discretionary relief from removal under former Section 212(c) of the Immigration and Nationality Act.
The Ninth Circuit held that petitioner was not eligible because under the INA as it existed at the time, there was no substantially similar statutory counterpart for aggravated felony crimes of violence in the grounds for exclusion in former INA § 212(a), and therefore Judulang was ineligible for a waiver under § 212(c).
The Ninth Circuit held that Judulang’s argument is foreclosed by the court's decision in Abebe v. Gonzales, No. 05-76201, 2007 U.S. App. LEXIS 16191, at *32-35 (9th Cir. July 9, 2007). "In Abebe, we concluded that lack of a substantially identical statutory counterpart in § 212(a) for aggravated felony sexual abuse of a minor among the grounds for exclusion rendered the alien ineligible for § 212(c) relief. Id. Abebe is controlling."
Here is the link to the SCOTUS page and all of the submitted briefing before the court.