Today, the U.S. Supreme Court granted the petition for a writ of certiorari in Lynch v. Dimaya to hear whether the definition of a “crime of violence” in the immigration context is unconstitutionally vague. Last year in the case, the Ninth Circuit reaffirmed that a noncitizen may bring a void for vagueness challenge to the definition and ruled that the language in 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague. The court found that “crime of violence” suffers from the same indeterminacy the Supreme Court found in the Armed Career Criminal Act’s residual clause definition of a “violent felony” in Johnson v. United States.
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 