A recent United States Supreme Court case will make it harder for the government to deport a non – United States citizen for being convicted of certain offenses. In Atty Gen’l vs. Dimaya, the Supreme Court found that a provision of the Immigration and Nationality Act was overly broad and unconstitutional, thus rendering convictions for certain offenses no longer subject to removal. In an extension of an already decided Supreme Court case, the Court analyzed 8 U.S.C. §1101(a)(43)(f), which defines an “aggravated felony” to include, among other things, “a crime of violence,” as defined in 18 U.S.C. §16, where a term of imprisonment of one year or more is rendered. The case turned on the definition of a “crime of violence.” Let’s take a look at the Supreme Court’s decision and how it affects immigration law.
What is a crime of violence?
First, we have to know what a “crime of violence” is. Immigration law makes any non-citizen, including longstanding lawful permanent residents (LPRs) deportable if they are convicted of an “aggravated felony.” Among other things, an “aggravated felony” includes a “crime of violence” with a sentence of 1 year or more. So, what is a crime of violence?