The US Supreme Court Considers the Term “Aggravated Felony” as Unconstitutionally Vague

by admin on April 23, 2018

Seal_of_the_United_States_Court_of_Appeals_for_the_Ninth_Circuit.svgThe US Supreme Court has raised concerns about an ambiguous term in the Immigration and Nationality Act under the Fifth Amendment’s Due Process Clause. The term in question is an “aggravated felony” and whether it is too broad to either bar or exclude immigrants under the US immigration law.

The term came under question due to a recent court case regarding permanent resident James Dimaya. Dimaya has two first-degree burglary convictions against him. The second offense, however, the federal government want to deport on him on.

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The Immigration Act defines an aggravated felony as a “crime of violence” punishable for at least one year. It also says that aliens that are admitted to the US may be removed upon conviction of an aggravated felony. Dimaya’s case is currently pending in the US Court of Appeals for the Ninth Circuit due to the ambiguous nature of an “aggravated felony” and the court is referring to similar cases for an outcome on Dimaya’s case.

Read the full story here 

Related Articles:
Thailand Immigration Law Act

Seal of the United States Court of Appeals for the Ninth Circuit

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