According to US Supreme Court, Crimes of Violence Are No Longer Considered Aggravated Felonies (Deportable Offences)

According to US Supreme Court, Crimes of Violence Are No Longer Considered Aggravated Felonies (Deportable Offences)

According to US Supreme Court, Crimes of Violence Are No Longer Considered Aggravated Felonies (Deportable Offences)

The Supreme Court affirmed the Ninth Circuit’s judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a “crime of violence” is unconstitutionally vague. (Sessions v. Dimaya, 4/17/18)

By Maria Sacchetti

A Supreme Court ruling on immigration ignites a new political battle over federal officials’ power to deport foreigners who have been convicted of certain crimes.

The White House and the nation’s top immigration official said the 5-to-4 ruling will make it harder for the Trump administration to deport people convicted of some sexual offenses and kidnapping crimes, as well as burglary in some states, among other offenses.

“It is yet another example of the need for Congress to urgently close the loopholes that allow criminal aliens to avoid removal and remain in the United States,” Thomas Homan, acting director of U.S. Immigration and Customs Enforcement, said in a statement.

But immigration lawyers countered that the federal law makes clear that foreigners convicted of murder, rape and other violent offenses can be deported.

They say the ruling offers important protections to immigrants whom the Department of Homeland Security has portrayed as “aggravated felons” based on a broad and vaguely defined category called “crimes of violence,” which may not have resulted in physical harm.

In all, thousands of immigrants could be affected, immigration lawyers say, particularly green-card holders, who are lawful permanent residents on a path to U.S. citizenship. But they say the decision could also aid undocumented immigrants, who, depending on the severity of their crime, may now have a chance to plead their case to stay.

Source: The Washington Post

 

If you have criminal charges affecting your immigration case, it is strongly recommended to consult with an immigration attorney prior to taking any actions.

Root Law Group offers a free legal consultation with our experienced immigration attorneys. Call our office at (323) 456-7600 to schedule your appointment.

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