US Supreme Court restricts deportations of immigrant felons
For immigrants in the criminal justice system, the immigration consequences of their crimes-including deportation-are far harsher than their sentence.
Supreme Court Justice Neil Gorsuch is dead wrong on deporting criminal aliens and that's bad news for President Trump's immigration agenda, explained LevinTV host Mark Levin on his national radio show Wednesday evening.
Dimaya pleaded no contest in 2007 and 2009 to two charges of residential burglary.
An immigration judge-whose discretionary power is limited-and subsequently, the Board of Immigration Appeals turned down Dimaya's appeal.
The U.S. Court of Appeals for the 9th Circuit said that deciding whether Dimaya's burglaries fit that description required improper speculation.
But Cahn said that officials do have a long list of offenses that under the law definitively constitute crimes of violence or other deportable offenses that can continue to be invoked to deport convicted felons. "Congress can not write a mushy standard that leaves it to unaccountable immigration officials and judges to make it up as they go along", said Josh Rosenkranz, an attorney for Dimaya.
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"The Supreme Court delivered a resounding message today: You can't banish a person from his home and family without clear lines, announced up front".
"This decision is of enormous outcome, striking down a flawed law that applies in a vast range of criminal and immigration cases and which has resulted in many thousands of immigrants being deported for decades in violation of their due process rights".
Congress has generally struggled to affect reforms in the immigration area. Murder, rape and a range of other violent acts are separate from the "substantial risk" provision that the court invalidated, said Rose Cahn, an attorney with the Immigrant Legal Resource Center in San Francisco.
The ruling could especially benefit lawful permanent residents who live in the USA legally but commit crimes.
The vague nature of language declaring that a crime "by nature" could be a crime of violence leaves courts guessing about the relevant threshold, the majority found. The Department of Homeland Security determined that his crimes could be considered crimes of violence and thus were aggravated felonies that made him eligible for deportation. Deadlocked 4-4, the justices scheduled a new round of arguments once Gorsuch joined the court.
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