Sessions v. Dimaya
U.S. Supreme Court · decided April 17, 2018 · Supreme Court Database (Spaeth)
- Decided
- April 17, 2018
- Term
- October Term 2017
- Vote
- 5–4
- Majority author
- Justice Kagan
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2017 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus SESSIONS, ATTORNEY GENERAL v. DIMAYA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 15–1498. Argued January 17, 2017—Reargued October 2, 2017— Decided April 17, 2018 The Immigration and Nationality Act (INA) virtually guarantees that any alien convicted of an “aggravated felony” after entering the Unit- ed States will be deported. See 8 U. S. C. §§1227 (a)(2)(A)(iii), 1229b(a)(3), (b)(1)(C). An aggravated felony includes “a crime of vio- lence (as defined in [ 18 U. S. C. §16 ] . . . ) for which the term of im- prisonment [is] at least one year.” §1101(a)(43)(f). Section 16’s defi- nition of a crime of violence is divided into two clauses—often referred to as the elements clause, §16(a), and the residual clause, §16(b). The residual clause, the provision at issue here, defines a “crime of violence” as “any other offense that is a felony and that, by its nature, involves a substantial risk that…
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