Cases of Interest

Below find excerpts of cases of interest dealing with residency, citizenship, immigration, legality of permanent residents, and criminal convictions.

Short articles on cases are also listed on this page for your convenience.


– Case Description
  • ARIZONA V. UNITED STATES , 567 U.S. ___(2012)
  • Matter of Rivens  – deals with the issue of returning Legal Permanent Residents and admissibility – read entire article
  • Vartelas v. Holder: deals with whether the 1996 Immigration and Nationality Act applies retroactively- there are two articles we find of interest here. Read first article – second article
  • Judulang v. Holder – expands Legal Permanent Residents who are permitted to ask for what is called a 212(C) waiver for criminal convictions – read entire article
  • Doe v. Arrisi USA – A transgender Plaintiff has sued the State of New Jersey, naming the State Registrar, Vincent Arrisi, Health Commissioner,  Cathleen Bennett, the Office of Vital Statistics and Registry and the New Jersey Department of Health as defendants.  Current state law makes it a requirement for an individual seeking to amend their gender marker on their birth certificate to provide evidence that they have undergone sex reassignment surgery (SRS). Read entire article here

Trial Summary

State v. Carrigan (NJ App. Div. November 15, 2012, A-3751-11T1) –

N.J.S.A. 2C:40-26(b) makes it a 4th degree crime for a motorist to operate a vehicle at a time when his or her driver’s license is suspended or revoked for a second or subsequent conviction for driving while intoxicated (N.J.S.A. 39:4-50) or refusal to submit to an alcohol breath test (N.J.S.A 39:4-50.4a) .

Fourth degree crimes are generally punishable by a custodial term of up to eighteen months. N.J.S.A. 2C:40-26(b) also carries a mandatory minimum penalty of 180 days in prison. The current license suspensions for individuals convicted of driving while intoxicated is 3 months to one year for a first offense, two years for a second offense and 10 years for a third offense.

A conviction for driving while suspended on its own is not considered a criminal offense. However, if an individual gets behind the wheel while their license is suspended for DWI, they are facing a criminal penalty.

The Appellate Division held in State v. Carrigan that N.J.S.A. 2C:40-26(b) punishes a new offense based on new conduct and does not impose “retroactive punishment for a prior offense.”  State v. Carrigan (Docket. No. A-3751-11T1).

This statute went into effect on August 1, 2011.  N.J.S.A. 2C:40-26(b ) applies to individuals who are caught after August 1, 2011 regardless of whether their DWI-based suspensions were imposed before that date.

Many issues can affect your immigration status. To get a full understanding of where you stand and how you can achieve the best possible resolution to your particular situation, contact the Law Office of Susan N. Rosti.

We have the experience you need plus we specialize in Immigration Law, Deportation and Criminal Court, among many other areas of law.


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