Sessions v. Dimaya
2018 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Sessions v. Dimaya, 584 U.S. 148 (2018), was a United States Supreme Court case in which the Court held that 18 U.S.C. § 16(b),[1] a statute defining certain "aggravated felonies" for immigration purposes, is unconstitutionally vague. The Immigration and Nationality Act (INA) classifies some categories of crimes as "aggravated felonies", and immigrants convicted of those crimes, including those legally present in the United States, are almost certain to be deported. Those categories include "crimes of violence", which are defined by the "elements clause" and the "residual clause". The Court struck down the "residual clause", which classified every felony that, "by its nature, involves a substantial risk" of "physical force against the person or property" as an aggravated felony.[2][3][4][5]
Sessions v. Dimaya | |
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Argued January 17, 2017 Reargued October 2, 2017 Decided April 17, 2018 | |
Full case name | Jefferson B. Sessions, III, Attorney General, Petitioner v. James Garcia Dimaya |
Docket no. | 15-1498 |
Citations | 584 U.S. 148 (more) 138 S. Ct. 1204; 200 L. Ed. 2d 549; 2018 U.S. LEXIS 2497 |
Case history | |
Prior | Board of Immigration Appeals reversed sub nom., Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015); cert. granted sub. nom., Lynch v. Dimaya, 137 S. Ct. 31 (2016). |
Holding | |
18 U.S.C. § 16(b), a statute defining certain "aggravated felonies", is unconstitutionally vague. Ninth Circuit affirmed. | |
Court membership | |
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Case opinions | |
Majority | Kagan, joined by Ginsburg, Breyer, Sotomayor, Gorsuch (Parts I, III, IV–B, and V); Ginsburg, Breyer, Sotomayor (Parts II and IV–A) |
Concurrence | Gorsuch (in part) |
Dissent | Roberts, joined by Kennedy, Thomas, Alito |
Dissent | Thomas, joined by Kennedy, Alito (Parts I–C–2, II–A–1, and II–B) |
Laws applied | |
U.S. Const. amend. V 18 U.S.C. § 16(b) |