On April 17, 2018, in Sessions v. Dimaya, the United States Supreme Court held a portion of the INA’s crime-based removal provision was unconstitutionally vague. The INA virtually guarantees deportation of any non-citizen convicted of an aggravated felony. A “crime of violence” is listed among those included offenses. In holding the INA’s definition of a “crime of violence” was too vague, the Supreme Court explained the definition required courts to imagine a “ordinary case” of a particular crime and judge whether it “presents some not-well-specified-yet-sufficiently-large degree of risk.” The Supreme Court concluded the results of which cause “more unpredictability and arbitrariness than the Due Process Clause tolerates.”
https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf
© Scott Global Migration Law Group 2018