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After 20 years of IIRAIRA – 9th Circuit rules that crime of violence definition is unconstitutionally vague


The Ninth Circuit granted the petition for review and remanded, holding that the language in 18 USC §16(b), which is incorporated into INA §101(a)(43)(F)’s definition of a “crime of violence,” was unconstitutionally vague. The court found that §16(b)’s language suffered from the same indeterminacy the U.S. Supreme Court found in the Armed Career Criminal Act’s (ACCA) “residual clause” definition of a violent felony in Johnson v. United States, and was thus void for vagueness.

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