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Supreme Court Finds Fifth Circuit Erred in Granting Qualified Immunity to CBP Agent Who Fatally Shot Mexican Teen

In a per curiam decision, the U.S. Supreme Court vacated the Fifth Circuit’s rulingthat a CBP agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity. However, the court declined to rule on the merits of the case, instead remanding to the Fifth Circuit for further consideration of Fourth and Fifth Amendment issues in order to determine in the first instance whether the teen’s parents can recover damages for the teen’s death.

Supreme Court Grants Cert in Lynch v. Dimaya

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.

Supreme Court reversed that simple possession offenses are not aggravated felonies

Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §1101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10).

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