|
''Vartelas v. Holder'', , was a United States Supreme Court case in which the Court held that the enforcement of a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was applied retroactively to Panagis Vartelas and was thus unconstitutional. == Background == In the early 1990s, Panagis Vartelas, a Greek immigrant to the United States, got involved with counterfeiting traveler's cheques.〔http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs/10-1211_petitioner.authcheckdam.pdf〕 Vartelas pled guilty in 1994 to "conspiracy to make or possess a counterfeit security." In January 2003, Vartelas took a one-week trip to Greece. While returning through John F. Kennedy Airport, an immigration officer questioned Vartelas about his 1994 conviction.〔〔 In March 2003, Vartelas was served a notice to appear for removal proceedings "because he had been convicted of a crime involving moral turpitude in 1994."〔 Vartelas appeared before an immigration judge in a series of hearings. In 2006, an immigration judge denied Vartelas' application for waiver and ordered Vartelas removed to Greece. Vartelas made a timely appeal to the Board of Immigration Appeals, which the board dismissed.〔 Vartelas subsequently filed a motion to reopen with the Board of Immigration Appeals. The motion to reopen "claimed that Vartelas' prior counsel was ineffective having failed to raise the issue of whether 8 U.S.C. § 1101(a)(13)(C)(v) could be applied retroactively."〔 The Board of Immigration Appeals denied the motion to reopen; Vartelas filed a petition for review with the United States Court of Appeals for the Second Circuit. The Second Circuit denied the petition for review; Vartelas appealed the Second Circuit's decision to the United States Supreme Court.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Vartelas v. Holder」の詳細全文を読む スポンサード リンク
|