Thursday, September 29, 2016
The Supreme Court today granted certiorari in Lynch v. Dimaya. The question presented in that case is whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an immigrant's removal from the United States, is unconstitutionally vague. The Ninth Circuit, in an opinion by Stephen Reinhardt (joined by judge Kim McLane Wardlaw with a dissent by Judge Consuelo Callahan), held that it was. The court specifically held that a statutory reference to a "crime of violence" was unconstitutionally vague. ImmigrationProf blogger Jennifer Koh previously blogged an analysis of the Ninth Circuit ruling. In addition, here is a summary of the ruling.