Vartelas v. Holder

132 S. Ct. 1479 (2012)

In 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that held that legal permanent residents who had been convicted of a crime and had travelled abroad were eligible to face permanent removal proceedings. The question that the Court faced in Vartelas v. Holder was whether the IIRIRA applies retroactively to lawful permanent residents who were convicted of a crime and left the United States before enactment of the 1996 law. The Court held that the governing law at the time of conviction and not the IIRIRA applies.

Vance v. Terrazas

444 U.S. 252 (1980)

The Supreme Court held that the U.S. government must prove intent to surrender U.S. citizenship and not just the voluntary commission of a expatriating act and that the appropriate standard of proof for analyzing the citizen’s conduct would be proof by a preponderance of the evidence. The Court also held that it is permissible for the government to have a rebuttable presumption that the expatriating act was committed voluntarily. (Read the opinion here.)

CDA Claims

Claims and the Contract Disputes Act

In Government contracts, a formal claim filed pursuant to the Contract Disputes Act of 1978 is defined as a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.”


Subscribe to RSS - government