On Tuesday, The Supreme Court heard the case of an immigrant convicted of residential burglary in 2007 and 2009. James Garcia Dimaya is a lawful permanent resident who immigrated to the U.S. from the Philippines at the age of thirteen. What happened in court may surprise some.
According to The Washington Examiner:
‘The justices heard the case last year, but deadlocked 4-4 after Justice Antonin Scalia’s death.
‘It was heard again on the first day of the term that began in October, indicating Gorsuch, the newest member of the court, would cast the deciding vote.’
In 2010, the Obama administration sought to deport Dimaya after determining that his crimes could be considered crimes of violence. The Justice Department’s Board of Immigration Appeals agreed, saying it constituted an “aggravated felony,” which made him subject to mandatory deportation.
However, the 9th U.S. Circuit Court of Appeals disagreed:
‘and decided the definition of “aggravated felony” under the Immigration and Nationality Act, which incorporates the definition of “crime of violence,” was unconstitutionally vague.’
Therefore, the U.S. government appealed the ruling for a decision by the highest court. Justice Elena Kagan cited a 2015 8-1 Supreme Court decision written by Antonin Scalia. That decision “struck down a clause of the Armed Career Criminal Act as unconstitutionally vague in the opinion Tuesday.”
‘(That case) tells us how to resolve this case.’
Here’s what Twitter had to say:
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