Immigration Law

CA2 on Crime of Violence: Genego v. Barr

Genego v. Barr

"The sole basis for the removal order is Genego’s Connecticut conviction for third‐degree burglary, which the BIA determined was a crime of violence as defined in 18 U.S.C. § 16(b). Subsequently, the Supreme Court handed down its decision in Sessions v. Dimaya finding 18 U.S.C. § 16(b) unconstitutionally vague and thus void. 138 S. Ct. 1204 (2018). Section 16(b) was the only ground for Genego’s removal. On January 10, 2019, this Court filed an order granting Genego’s petition for review, terminating all removal proceedings, and indicating an opinion would follow. ... As the Supreme Court’s holding in Dimaya makes pellucidly clear that Genego is no longer subject to removal proceedings, we (1) grant the petition for review, (2) vacate the order of removal, and (3) terminate the removal proceedings."

[Hats off to Nancy E. Martin, Anthony D. Collins, Valerie Cahan, Vilia B. Hayes, Sarah L. Cave and Karen M. Chau!]