Supreme Court of the United States

Vartelas v. Holder

March 28, 2012132 S. Ct. 1479

Summary

The Court held that IIRIRA's provision requiring certain criminal aliens to seek admission upon reentry does not apply retroactively to those convicted before its enactment, preserving their ability to travel briefly under prior law. Justice Ginsburg wrote the opinion, reversing the Second Circuit. Justice Scalia dissented, arguing the statute regulates the post-enactment act of reentry rather than the past conviction.