Immigration Law

Recent Posts

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... Read More

BREAKING: Supreme Court, 5-4, Says 'Crime of Violence' Definition is Void for Vagueness - Sessions v. Dimaya
Posted on 17 Apr 2018 by Daniel M. Kowalski

Sessions v. Dimaya - "Three Terms ago, in Johnson v. United States, this Court held that part of a federal law’s definition of “violent felony” was impermissibly vague. See 576 U. S. ___ (2015). The question in this case is whether... Read More

Supreme Court Opinion Analysis: Crime-Based Removal Provision is Unconstitutionally Vague - Prof. Kevin Johnson
Posted on 18 Apr 2018 by Daniel M. Kowalski

Prof. Kevin Johnson, Apr. 17, 2018 - "In the last few years, the Supreme Court has decided a steady number of criminal-removal cases. In light of the Trump administration’s emphasis on the removal of “criminal aliens,” we will likely... Read More

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch
Posted on 8 Jul 2016 by Daniel M. Kowalski

Shuti v. Lynch, July 7, 2016 - "In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B... Read More

Deportation for a Sin: Why Moral Turpitude is Void for Vagueness
Posted on 11 Oct 2011 by Daniel M. Kowalski

"A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute... Read More

Is the 'Encourage or Induce' Statute Unconstitutional?
Posted on 19 Sep 2017 by Daniel M. Kowalski

Sept. 19, 2017: In a pending appeal of a federal criminal prosecution, USA v. Sineneng-Smith , a panel of the U.S. Court of Appeals for the Ninth Circuit asked amici to brief the following questions regarding 8 U.S.C. § 1324(a)(1)(A)(iv) " ... Read More

Analysis of Lynch v. Dimaya Oral Argument: Prof. Kevin R. Johnson
Posted on 20 Jan 2017 by Daniel M. Kowalski

Prof. Kevin R. Johnson, Jan. 18, 2017 - "[On January 17, 2017,] the Supreme Court heard oral argument in Lynch v. Dimaya , a criminal-removal case. The court has taken up several of these in recent years, including Esquivel-Quintana v. Lynch , which... Read More

CA9 on Preemption, Arizona S.B. 1070, Section 5: Valle Del Sol v. Whiting
Posted on 8 Oct 2013 by Daniel M. Kowalski

"Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona. The district court granted the plaintiffs’ motion for a preliminary... Read More