The definition of “aggravated felony” incorporates by reference 18 U.S.C. And, in my judgment, that foundational principle dictates today’s result. Sessions v. Dimaya, which will be reargued next week, is another criminal-removal case.

§1101(a)(43) is subject to mandatory removal and is ineligible for most forms of relief from removal. Just take the crime at issue in this case, California burglary, which applies to everyone from armed home intruders to door-to-door salesmen peddling shady products. And a reasonable alternative interpretation is available: Instead of asking whether the ordinary case of an alien’s offense presents a substantial risk of physical force, courts should ask whether the alien’s actual underlying conduct presents a substantial risk of physical force. Both an Immigration Judge and the Board of Immigration Appeals held that California first-degree burglary is a “crime of violence” under §16(b).
By a vote of 5-4, the Court held that held that §16(b), … The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins…We are a week into 2018 and there is much buzz about what lies ahead in the year from the courts, Congress, and the U.S. Because I understand them to be consistent with what I have said here, I join Parts I, III, IV–B, and V of the Court’s opinion and concur in the judgment. 15-1409 slip op. How, on that vast spectrum, is anyone supposed to locate the ordinary case and say whether it includes a substantial risk of physical force? Sessions v. Dimaya, which the court decided today in a 5-4 ruling, is different.

What is going on? Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).The First Step Act 2018 Bill Summary: On December 21, 2018, the President signed into law The First Step Act 2018, a bipartisan effort to reform the federal criminal justice system. That is not the case for respondent, whose prior convictions for first-degree residential burglary in California fall comfortably within the scope of §16(b).Third, the Government notes that §16(b) avoids the vagueness of ACCA’s residual clause because it is not preceded by a “confusing list of exemplar crimes.” Brief for Petitioner 38. And he did not disappoint.Given the tenor of the argument today, I will be surprised if Justice Gorsuch does not cast the deciding vote that strikes down 18 U.S.C.


A government of laws and not of men can never tolerate that arbitrary power. Those enumerated crimes were in fact too varied to assist this Court in giving ACCA’s residual clause meaning.

What is the judge to do if there aren’t any reliable statistics available? The Supreme Court will also be hearing oral arguments on the travel ban this week.

Section 16(b) defines a “crime of violence” to encompass “any … offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.”On Monday, July 6, 2020, Ruth Marcus of the Washington Post delivered the Chautauqua Institution’s 16th annual Robert H. Jackson Lecture on the Supreme Court.Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.Posted Tue, April 17th, 2018 2:32 pmAlthough he agreed with Roberts’ dissent, Thomas wrote a separate dissent to express “doubt that our practice of striking down statutes as unconstitutionally vague is consistent with the original meaning of the Due Process Clause.” He further questioned the “categorical approach” to review of the crime-based statutes, and he would have found that the statute was not unconstitutionally vague as applied to Dimaya. §1101(a)(43) is subject to mandatory removal and is ineligible for most forms of relief from removal.

Sessions v. Dimaya. He emphasized at the outset that “[v]ague laws invite arbitrary power.” He defended the originalist foundations for vagueness challenges that Justice Clarence Thomas questioned at length in his dissent, tracing the history of those challenges back to Blackstone’s condemnation of vague statutes and the “tradition of courts refusing to apply vague statutes.” He further noted that the concern with vague statutes was not “confined to the most serious offenses like capital crimes.” Addressing the government’s argument that a more lenient standard of review should apply in civil cases, Gorsuch would have gone even further than the plurality.

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