LexisNexis® Legal Newsroom
Deportation for a Sin: Why Moral Turpitude is Void for Vagueness

"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 authorizing deportation for a CIMT was not void...

CA9 on Preemption, Arizona S.B. 1070, Section 5: Valle Del Sol v. Whiting

"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 injunction with respect to this provision on the...

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch

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)(ii). In this case, we consider whether that pathmarking...

Analysis of Lynch v. Dimaya Oral Argument: Prof. Kevin R. Johnson

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 the justices will hear next month. Unlike some...

Is the 'Encourage or Induce' Statute Unconstitutional?

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) " - 1. Whether the statute of conviction is overbroad...

BREAKING: Supreme Court, 5-4, Says 'Crime of Violence' Definition is Void for Vagueness - Sessions v. Dimaya

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 a similarly worded clause in a statute’s...

Supreme Court Opinion Analysis: Crime-Based Removal Provision is Unconstitutionally Vague - Prof. Kevin Johnson

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 see even more criminal-removal cases in the...