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The law for criminal deportation: is it too vague?

 

This case has been decided!

The Court ruled in favor of Dimaya.

Attorney General Jeff Sessions adopted an immigration case the Supreme Court will be hearing on opening day, October 2, 2017. In Sessions v. Dimaya, the appeals court in the 9th Circuit (see map, bottom) ruled in favor of a permanent resident challenging his deportation order. The 9th Circuit said the Immigration and Nationality Act’s provision defining what criminal conduct makes a person eligible for deportation is too vague, in violation of the constitution.

See our graphic explainer here. Click on the cases to learn more about the relevant precedent.

The case started with a federal agency ruling that Dimaya should be deported. Dimaya appealed to the federal Board of Immigration Appeals. After losing there, he filed in the 9th Circuit Court of Appeals (see region on right).

The 9th Circuit agreed with Dimaya, overturning the Board of Immigration Appeals decision.

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About the Author

Mariam Morshedi

Mariam Morshedi

Mariam Morshedi is the Founder and Executive Director of Subscript Law. Before starting Subscript Law, she practiced civil rights law for AARP Foundation, where she litigated housing, consumer and disability rights issues.

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