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Old 04-17-2018, 10:07 AM  
Fire Me Boy! Fire Me Boy! is offline
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CNN: SCOTUS nixes part of law requiring deportation of immigrants convicted of some c

https://www.cnn.com/2018/04/17/polit...nts/index.html

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(CNN) The Supreme Court on Tuesday invalidated a provision of federal law that requires the mandatory deportation of immigrants who have been convicted of some "crimes of violence," holding that the law is unconstitutionally vague.

The case, Sessions v. Dimaya, had originated during the Obama administration but had been closely watched to see if the justices would reveal how they will consider the Trump administration's overall push to both limit immigration and increase deportations.

As expected after the oral argument, Justice Neil Gorsuch joined with the more liberal justices for the first time since joining the court to produce a 5-4 majority invalidating the federal statute. In doing so, Gorsuch was continuing the jurisprudence of Justice Antonin Scalia, who also sided with liberals when it came to the vagueness of statutes used to convict criminal defendants.

Only eight justices heard the case last term after Scalia's death, and in late June, the court announced it would re-hear arguments this term, presumably so that Gorsuch could break some kind of a tie.

James Garcia Dimaya, a native of the Philippines, was admitted to the United States in 1992 when he was 13 as a lawful permanent resident. In 2007 and 2009, he pleaded no contest to charges of residential burglary in California. In 2010, the Obama administration brought removal proceedings against Dimaya. An immigration judge determined that Dimaya was removable from the US because of his two state court convictions.

The court held that the convictions qualified for an "aggravated felony" under the Immigration and Nationality Act, which authorizes removal of non-citizens who have been convicted of some violent crimes and defines aggravated felony to include "crimes of violence."

Lawyers for Dimaya appealed the removal arguing that it was unconstitutionally vague and that their client never had fair notice that his crimes would result in deportation.

They suggested the reasoning of a 2015 Scalia opinion, which struck a provision of the Armed Career Criminal Act as unconstitutionally vague, should extend to their case.

The Ninth Circuit Court of Appeals ruled in Dimaya's favor.

In court, arguing for the Trump administration, Deputy Solicitor General Edwin Kneedler said that when it comes to deportation, "I think it is important for the court to understand that immigration provisions and grounds for deportation are often written in very broad and general terms and given content by the executive branch in which Congress has vested authority."

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."

"This ruling is something immigrants can cite to as they argue for more constitutional protections in other areas," he said.

CNN's Veronica Stracqualursi contributed to this report.
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Old 04-17-2018, 10:13 AM   #2
lawrenceRaider lawrenceRaider is offline
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Sad that people actually use the argument "that their client never had fair notice that his crimes would result in deportation.".

I mean, why would that have anything to do with just not committing the crime in the first place? If the guy was going to do it, I really doubt knowing that if he got caught he would be deported would have stopped him. The idiot thought he would get away with it.
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Old 04-17-2018, 10:14 AM   #3
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and that their client never had fair notice that his crimes would result in deportation

Pleading ignorance of the law?
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Old 04-17-2018, 10:17 AM   #4
lawrenceRaider lawrenceRaider is offline
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Quote:
Originally Posted by Donger View Post
and that their client never had fair notice that his crimes would result in deportation

Pleading ignorance of the law?
Hillary opened up all kinds of doors.
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Old 04-17-2018, 10:18 AM   #5
patteeu patteeu is offline
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Quote:
Originally Posted by Donger View Post
and that their client never had fair notice that his crimes would result in deportation

Pleading ignorance of the law?
They're saying the law is too vague to provide notice. That's different than simple ignorance.
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Old 04-17-2018, 10:24 AM   #6
mlyonsd mlyonsd is offline
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So rewrite the law.

Please add a provision for punishable by firing squad.
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Old 04-17-2018, 10:56 AM   #7
Just Passin' By Just Passin' By is offline
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Quote:
Originally Posted by lawrenceRaider View Post
Sad that people actually use the argument "that their client never had fair notice that his crimes would result in deportation.".

I mean, why would that have anything to do with just not committing the crime in the first place? If the guy was going to do it, I really doubt knowing that if he got caught he would be deported would have stopped him. The idiot thought he would get away with it.
Void for vagueness is an important check on potentially bad laws.
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Old 04-17-2018, 06:13 PM   #8
Bob Dole Bob Dole is offline
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Quote:
Originally Posted by Just Passin' By View Post
Void for vagueness is an important check on potentially bad laws.
Like "hate crimes" ?
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Old 04-17-2018, 07:04 PM   #9
Randallflagg Randallflagg is offline
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Quote:
Originally Posted by Donger View Post
and that their client never had fair notice that his crimes would result in deportation

Pleading ignorance of the law?

It's according to what the definition of "is" is...don't you know!!
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Old 04-17-2018, 07:07 PM   #10
Easy 6 Easy 6 is offline
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Gorsuch' history is that of sticking to precedent, not being an activist... if this is how he came down, so be it
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Old 04-17-2018, 10:09 PM   #11
GloryDayz GloryDayz is offline
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Quote:
Originally Posted by mlyonsd View Post
So rewrite the law.

Please add a provision for punishable by firing squad.
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Old 04-17-2018, 10:17 PM   #12
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Originally Posted by Easy 6 View Post
Gorsuch' history is that of sticking to precedent, not being an activist... if this is how he came down, so be it
Basically the law said that violent felonies would lead to deportation. Gorsuch pointed out that states have so watered down what constitutes a violent felony as to make the term meaningless. So that part of the law is struck down due to it being too vague. Congress of course can pass a law that is more specific.

This is a win for people who want to curtail government power.
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Old 04-18-2018, 09:57 AM   #13
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Quote:
Originally Posted by Easy 6 View Post
Gorsuch' history is that of sticking to precedent, not being an activist... if this is how he came down, so be it
People worried that he sided with the leftist justices versus the conservative justices. But he based his opinion on a previous case where Scalia wrote for the majority opinion.

Burglary isn't necessarily a violent crime which was at the heart of it.

This is something Congress can be fix though. Tho', personally, I think they should be deported for other crimes that are not violent too.
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