He suggested that provisions of civil laws should be scrutinized closely for vagueness even outside the deportation context: “Why, for example, would due process require Congress to speak more clearly when it seeks to deport a lawfully resident alien than when it wishes to subject a citizen to indefinite civil commitment, strip him of a business license essential to his family’s living, or confiscate his home?”Awarded the Webby Award for excellence on the internet.Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.An immigrant convicted of an “aggravated felony” under 8 U.S.C.

Justice Kagan … It does not forbid the legislature from acting toward any end it wishes, but only requires it to act with enough clarity that reasonable people can know what is required of them and judges can apply the law consistent with their limited office. ON BEHALF OF THE PETITIONER MR. KNEEDLER: Mr. Chief Justice, and may it please the Court: The Ninth Circuit erred in holding that this Court's decision in Johnson compelled the conclusion that the definition of crime of In other non-Dimaya related news, on April 23, 2018, The Supreme Court heard oral argument in a case about Notices to Appear and the stop-time rule for cancellation. A variety of things, it seems. The Supreme Court first heard oral arguments in the case in January 2017. that—In the case before us, Immigration Judges employed that analysis to conclude that respondent James Dimaya is deportable as an aggravated felon. 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) Congress – Sentencing Reform Different bills remain under consideration, but none have yet…Next the Government tried to argue that it was permissible for Congress to write 16(b) is such an expansive way. for Cert.

15-1409 slip op.

at 1-2 (2018). The Immigration Judge held that Dimaya was deportable and that burglary constitutes a crime of violence because it always involves a risk of physical violence. Judgment: Affirmed, 5-4, in an opinion by Justice Kagan on April 17, 2018. Mr. Kneedler. 16(b) is unconstitutionally vague. Pp. No amount of staring at the statute’s  text, structure, or history will yield a clue. And, in my judgment, that foundational principle dictates today’s result. ON BEHALF OF THE PETITIONER MR. KNEEDLER: Mr. Chief Justice, and may it please the Court: The Ninth Circuit erred in holding that this Court's decision in Johnson compelled the conclusion that the definition of crime of violence in the INA's broader definition of aggravated felony … The statute doesn’t even ask for application of common experience. . Pp.

15–1498. Does a conviction for kidnapping ordinarily involve throwing someone into a car trunk or a noncustodial parent picking up a child from daycare? It leaves the people to guess about what the law demands—and leaves judges to make it up. Is a court supposed to pass on the ordinary case of burglary in the relevant neighborhood or county, or should it focus on statewide or even national experience? 15-1498, Lynch v. Dimaya. The text of §16(b) does not mandate the ordinary-case approach, the concerns that led this Court to adopt it do not apply here, and there are no prudential reasons for retaining it. .

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