Vague Laws Invite Arbitrary Power

“Vague laws invite arbitrary power.” states Justice Gorsuch in his concurring opinion in Sessions v. Dimaya, finding the residual aggravated felony definition of “crime of violence” in the Immigration and Nationality Act, 101(a)(43)(F), referencing 18 U.S.C. §16,  is void for vagueness.  The decision only addresses 18 U.S.C. 16(b) portion of the definition, and holds that it is void for vagueness. The aggravated felony definition includes a list of enumerated crimes, and includes “a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment is at least 1 year.” INA Sec. 101(a)(43)(F).  Mr. Dimaya, a legal permanent resident,  had two  prior  convictions  for  first-degree  residential  burglary under California law, subjecting him to removal.  The government claimed that in committing…

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