Vartelas v. Holder

Summary

Justice Scalia, joined by Justices Thomas and Alito, dissents, arguing that 8 U.S.C. §1101(a)(13)(C)(v) should be applied only to reentry events occurring after the statute’s 1996 effective date and therefore does not apply retroactively to Vartelas, who committed the underlying crime before that date. He maintains that the presumption against retroactivity governs the interpretation and that any constitutional concerns are separate.