2005 Supreme Court term

HUMBERTO FERNANDEZ-VARGAS v. ALBERTO R. GONZALES ATTORNEY GENERAL.

Dockets 04-1376Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case concerns whether the 1996 reinstatement provision of the Immigration and Nationality Act applies only prospectively.

Background and question before the Court

Petitioner argues that Congress intended the 1996 reinstatement provision to apply only prospectively.

According to Mr. Gossett, petitioner further argues that had an individual left the United States in 1996, the IIRIRA would render them inadmissible for five years, preventing readmission.

Justice Breyer asked whether the relevant period could be ten to twenty years.

Justice Kennedy asked whether a different result might have occurred if a marriage had taken place before a certain date.

Justice Breyer later asked whether an illegal entrant married to an American could ever remain in the country.

Justice Scalia asked a follow‑up question about the issue.

What each side argues

Petitioner

According to Petitioner, congress intended the 1996 reinstatement provision to apply only prospectively.

Respondent

Source-limited. The record does not yet support a complete account.

What happened at oral argument

According to Chief Justice Roberts, chief Justice Roberts announced the hearing of Fernandez‑Vargas v. Gonzales.

Petitioner, represented by Mr. Gossett, argued that the reinstatement provision should apply only prospectively.

According to Mr. Gossett, petitioner also contended that a person who left the United States in 1996 would be barred from readmission for five years under IIRIRA.

Justices Breyer, Kennedy, and Scalia posed questions about the length of the applicable period and the possibility of remaining in the country after marriage to a U.S. citizen.

The respondent was represented by Sri Srinivasan.

The oral argument concluded with the Court noting that the case was submitted.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • caddd39fc5b231eb9217-r1-a8fed8dde85e5d7b.pdforal argument transcript

Guide generated September 21, 2026. Automated validation accepted this version.