Vague deportation rules
Sessions v. Dimaya
In brief
The Supreme Court left the Ninth Circuit’s ruling in place, so the definition cannot be used against Dimaya in his removal case.
- Where it stands
- Decided
Decided 5-4 · April 17, 2018 · Opinion by Justice Kagan
- What it’s about
- The Supreme Court agreed with the Ninth Circuit and left in place its ruling that 18 U.S.C. §16(b)—a definition used in immigration cases to identify crimes that can lead to removal—was too unclear under the Constitution to be used against Dimaya.
- Who it affects
- The Ninth Circuit’s ruling against using that definition in Dimaya’s removal case remains in place.
Summary: written with AI from the case record.
What it's about
Immigration law uses the definition in 18 U.S.C. §16(b) to identify crimes that can lead to removal from the United States.
Question presented
Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague.
What the Court decided
Holding
Adjudged to be AFFIRMED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, IV-B, and V, in which Ginsburg, Breyer, Sotomayor, and Gorsuch, JJ., joined, and an opinion with respect to Parts II and IV-A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Gorsuch, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy, Thomas, and Alito, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined as to Parts I-C-2, II-A-1, and II-B.
- Result
- Affirmed
The vote
What's next
The Supreme Court has finished its review, and the Ninth Circuit’s ruling remains in place.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Sessions
Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.