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Immigration Law

Expert: What Justice Gorsuch's Vote in Dimaya Means

Ariane de Vogue, CNN Supreme Court Reporter, March 5, 2019

"James Dimaya thought he was on the verge of deportation last year. Then, President Donald Trump's first Supreme Court nominee saved him.  Now Dimaya is in the clear, working as a delivery driver in California and eternally grateful to Neil Gorsuch, perhaps an unexpected hero.  ... In April 2018 ... Gorsuch sided with the court's liberals in invalidating the provision of the federal law that requires the mandatory deportation of immigrants who have been convicted of some "crimes of violence," agreeing that the law was unconstitutionally vague.  At the time, Gorsuch hadn't been on the bench very long and some wondered if he might have been more liberal than the President expected. Experienced court watchers knew, though, that Gorsuch's vote was in line with the jurisprudence of the late conservative Justice Antonin Scalia. ... Immigration expert Stephen Yale-Loehr is quick to note that Gorsuch's vote does not necessarily make him pro-immigrant in every case, as is evidenced by some of his other opinions. "But like his predecessor, Justice Scalia, he hates vague laws," Yale-Loehr said. "This case shows that Congress needs to be more careful when it drafts immigration laws.""