Tuesday, May 15, 2018

Supreme Court Vacates and Remands 16 Cases for Further Consideration in Light of Sessions v. Dimaya


Kevin Penton on Law 360 (registration required) reports that the U.S. Supreme Court yesterday granted certiorari, vacated the lower court rulings, and remanded 16 separate cases impacted by its April ruling in Dimaya v. Sessions, which found that part of how a “crime of violence” is defined in immigration law for purposes of deporting noncitizens is unconstitutionally vague. The high court granted the petitions for certiorari filed in the cases — which were mostly sought by immigrants contesting government victories in the lower courts — and sent them back to various appellate courts with instructions to further consider the cases’ respective legal arguments in light of Dimaya, which determined that the legal term is too vague to be used as a tool for placing individuals in removal proceedings.

In one of the cases sent back by the justices to the lower courts, Ramon Hernandez-Ramirez and Jose Armando Ramos argued that the definition of “aggravated felony” in immigration law is too vague because it requires applying an “indeterminate risk standard” to their prior convictions under Texas state law for aggravated assault.



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