Justice Neil Gorsuch, nominated by President Trump and considered a member of the court’s conservative wing, cast the deciding vote by joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Kagan, who make up the court’s liberal wing…
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The Justice Department’s Board of Immigration Appeals agreed with the Obama administration’s conclusion that Dimaya should be deported, as one of the convictions constituted an “aggravated felony” and therefore made him subject to mandatory deportation.
But the 9th U.S. Circuit Court of Appeals disagreed and decided the definition of “aggravated felony” under the Immigration and Nationality Act, which incorporates the definition of “crime of violence,” was unconstitutionally vague.
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