The ruling may impact thousands of immigrants facing deportation.
Recently, the United States Supreme Court released a surprising decision: it struck down a key provision of the Immigration and Nationality Act (INA) that allowed the Department of Homeland Security to detain and deport any immigrant convicted of an aggravated felony. According to the Court, this provision of the law was unconstitutionally vague. This ruling is particularly important because it significantly narrows the type of criminal offense that are considered deportable — at least until Congress acts to amend the INA.
The underlying case, Sessions v. Dimaya, involved a man, James Dimaya, who came to the United States from the Philippines as a child and became a legal permanent resident. He was later convicted of burglary in California on two separate occasions. California’s burglary law is incredibly broad; it includes entering any residential commercial building or room with the intent to commit a felony or theft. According to a criminal defense attorney Orange County, CA, the crime of burglary is committed simply by entering a building or room with the intent to commit a crime — even if that crime is never committed.
Under the INA, DHS can detain and deport any alien (non-citizen) who is convicted of an aggravated felony, which includes a “crime of violence.” Under the INA, a crime of violence is defined as any crime that — by its nature — involves a substantial risk of “physical force against the person or property.”
After Mr. Dimaya was convicted of burglary under California law, DHS moved to deport him. Immigration judges held that burglary was a crime of violence. However, he appealed this decision, arguing that the provision of the INA was too vague. In essence, his argument was that he did not have fair notice of what type of conduct was prohibited and could lead to deportation because the law was written in such an indefinite manner. The Ninth Circuit Court of Appeals in California agreed, finding that this provision of the INA violated Mr. Dimaya’s right to due process. The Supreme Court agreed in an April 2018 ruling. Surprisingly, Justice Neil Gorsuch joined the majority in the 5-4 decision.
As a criminal defense attorney Orange County, CA can explain, this decision has far-reaching implications for immigrants throughout California. Previously, deportable offenses include any “aggravated felony” that could be considered a “violent crime.” This is no longer the case. Now, immigrants who are convicted of California crimes such as burglary are no longer necessarily subject to deportation. However, because this ruling is new, it is important to consult with a skilled criminal defense attorney Orange County, CA about what crimes may be considered deportable offenses.
The potential for being deported if you are an immigrant is another reason that hiring a highly-skilled lawyer is so crucial. An experienced criminal defense attorney Orange County, CA can aggressively defend you against California criminal charges, and help to ensure that you get the best possible defense. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help if you have been charged with a crime.
