Monday, 23 September, 2019


Gorsuch Sides With Liberal Justices in Immigration Ruling

Gorsuch Sides With Liberal Justices in Immigration Ruling Gorsuch Sides With Liberal Justices in Immigration Ruling
Bennie Garza | 17 April, 2018, 21:50

The U.S. Supreme Court ruled on Tuesday that an immigration statute requiring the deportation of noncitizens who commit felonies is unlawfully vague in a decision that could limit the Trump administration's ability to step up the removal of immigrants with criminal records.

The court's 5-4 decision - an unusual alignment in which new Justice Neil Gorsuch joined the four liberal justices - concerns a catchall provision of immigration law that defines what makes a crime violent.

He and the liberal bloc said that if Congress wants to make legal immigrants deportable for lower-level felonies they can write those offenses into the law - but they can't use a "vague" catch-all definition to cover any serious crimes they didn't list.

Michael Kagan of the University of Nevada Las Vegas, an expert on immigration law, notes that Dimaya's challenge began when President Barack Obama was still in office and that Tuesday's ruling is "another sign from the court that due process matters when it comes to deportation".

"James Garcia Dimaya, a native and citizen of the Philippines, was admitted to the United States as a lawful permanent resident in 1992".

Federal authorities ordered Dimaya deported after he was convicted in two California home burglaries, in 2007 and 2009, though neither crime involved violence. An immigration judge determined that Dimaya was removable from the USA because of his two state court convictions.

The court said the part of the law in question is too vague to be enforced.

The appeals court relied on a decision that same year by the U.S. Supreme Court, which found that a similar provision in a federal criminal sentencing law was overly broad.

"While Dimaya's appeal to the U.S. Court of Appeals for the Ninth Circuit was pending, the U.S. Supreme Court decided Johnson v".

The government argued that Dimaya could be removed from the country because his convictions qualified as crimes of violence.

After Justice Gorsuch joined the court, the justices heard the case re-argued.

The case was initially argued in January of 2017 by a court that was short a member because the late Justice Antonin Scalia's seat had not yet been filled.

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