Monthly Archives: May 2018

Categorical Approach Update

Posted on May 1, 2018

Sessions v. Dimaya, 138 S.Ct. 1204 (2018): The Court held that the residual clause of 18 U.S.C. §16’s crime-of-violence definition is unconstitutionally vague in light of Johnson. And because the vagueness doctrine extends to immigration statutes, 8 U.S.C. §1101(a)(43)(F) is also invalid to the extent it defines “aggravated felony” to include a crime of violence under §16(b)’s residual clause. United States v. Stitt, Supreme Court Case No. 17-765 & United States v. Sims, Supreme Court Case No. 17-766: The Court granted cert to address this […]..