Friday, July 22, 2016

Vague Law Prevents Removal of Albanian Immigrant that Committed Robbery

A provision under the Immigration and Nationality Act is void because of vagueness, preventing removal of an immigrant that committed a non-armed robbery

Shuti v. Lynch, 2016 BL 217913, 6th Cir., No. 15-3835, 7/7/16.

   The Sixth Circuit joined the Seventh and Ninth Circuits in voiding a provision from the Immigration and Nationality Act (INA) for being too vague using precedent from Johnson v. United States. Under Johnson, the Supreme Court held that “violent felony” was unconstitutionally vague in the Armed Criminal Career Act (ACCA). In making this decision, the court ruled that the precedent set in Johnson could be “mixed and matched” with other statutes, making it applicable to other acts with similar language. The court held that the definition of “crime of violence” shares a resemblance to the ACCA’s “violent felony” definition, which was eventually invalidated. The order was vacated ad the case was remanded.

https://www.bloomberglaw.com/public/desktop/document/Shuti_v_Lynch_No_153835_2016_BL_217913_6th_Cir_July_07_2016_Court?1469141588

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