Judulang v. Holder
132 S. Ct. 476
| SCOTUS | 2011Background
- Judulang, a native of the Philippines, has lived in the U.S. as a lawful permanent resident since 1974.
- In 1988 he pleaded guilty to voluntary manslaughter; in 2005 he pleaded guilty to theft and DHS began deportation proceedings.
- DHS charged him with deportability under an 'aggravated felony' involving a crime of violence based on the manslaughter conviction.
- The BIA applied the 'comparable-grounds' rule to determine eligibility for discretionary relief under §212(c), deeming Judulang ineligible because his deportation ground did not closely match any exclusion ground.
- Judulang challenged the BIA’s rule as arbitrary and capricious under the APA; the Ninth Circuit upheld the rule against his challenge, which the Supreme Court then granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA's comparable-grounds rule is arbitrary and capricious. | Judulang: rule lacks rational connection to immigration goals. | HOLDER: rule follows prior BIA practice intended to harmonize contexts. | Yes; rule is arbitrary and capricious. |
| Whether §212(c) relief in deportation cases is properly grounded in the statute's text. | Judulang: relief should apply to deportation similarly to exclusion. | HOLDER: §212(c) text addresses exclusion, not deportation. | Text does not support comparable-grounds approach in deportation. |
| Whether the BIA's approach could be rationally tied to immigration goals if reformed. | Judulang: any rational basis should connect to fitness to reside. | HOLDER: cost and practice arguments offered some justification. | The court requires a rational tie; the current approach fails. |
Key Cases Cited
- Landon v. Plasencia, 459 U.S. 21 (1982) (compares exclusion and deportation procedures)
- INS v. St. Cyr, 533 U.S. 289 (2001) (afterlife of §212(c) relief for old convictions)
- Rosenberg v. Fleuti, 374 U.S. 449 (1963) (oppose ‘sport of chance’ in deportation decisions)
- Delgadillo v. Carmichael, 332 U.S. 388 (1947) (high stakes of deportation and fortuity concerns)
- Motor Vehicle Mfrs. Assn. v. State Farm, 463 U.S. 29 (1983) (APA reasoned decisionmaking framework)
- Francis v. INS, 532 F.2d 268 (2d Cir. 1976) (equal protection considerations in relief decisions)
- Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007) (comparable-grounds approach challenged and rejected as default in some circuits)
- L-, 1 I. & N. Dec. 1 (1940) (historical discretionary relief framework)
- Matter of Wadud, 19 I. & N. Dec. 182 (1984) (analogous ground of inadmissibility concept)