Luna Torres v. LYNCH (578 U.S. 452)
U.S. Supreme Court · decided May 19, 2016 · Supreme Court Database (Spaeth)
- Citation
- 578 U.S. 452 · 136 S. Ct. 1619
- Decided
- May 19, 2016
- Term
- October Term 2015
- Vote
- 5–3
- Majority author
- Justice Kagan
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice KAGAN delivered the opinion of the Court. The Immigration and Nationality Act (INA or Act) imposes certain adverse immigration consequences on an alien convicted of an "aggravated felony." The INA defines that term by listing various crimes, most of which are identified as offenses "described in" specified provisions of the federal criminal code. Immediately following that list, the Act provides that the referenced offenses are aggravated felonies irrespective of whether they are "in violation of Federal[,] State[,]" or foreign law. 108 Stat. 4322, 8 U.S.C. § 1101(a)(43). In this case, we must decide if a state crime counts as an aggravated felony when it corresponds to a specified federal offense in all ways but one-namely, the state crime lacks the interstate commerce element used in the federal statute to establish legislative jurisdiction (i.e., Congress's power to enact the law). We hold that the absence of such a jurisdictional element is immaterial: A state crime of that kind is an aggravated felony. I The INA makes any alien convicted of an "aggravated felony" after entering the United States deportable. See § 1227(a)(2)(A)(iii). Such an alien is also ineligible for several forms of discretionary relief, including cancellation of removal-an order allowing a deportable alien to remain in the country. See § 1229b(a)(3). And because of his felony, the alien faces…
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