The “ordinary” case’s demise in criminal sentencing & its implications for...
By Linus Chan When Congress passed the Armed Career Criminal Act (ACCA) of 1984, federal courts needed to systematically decide what state convictions required sentencing enhancements designed to...
View Article9 Cir: Shifts longstanding drug paraphernalia case law to follow Supreme Court
The U.S. Court of Appeals for the Ninth Circuit recently held that a drug paraphernalia conviction constitutes a controlled substance offense only if the conviction involved a substance criminalized by...
View Article9 Cir. finds part of crime of violence definition unconstitutional
The U.S. Court of Appeals struck an important blow against the crime of violence type of aggravated felony yesterday holding that part of the term’s definition is unconstitutionally vague. Dimaya v....
View Article9 Cir: Overly Broad California Child Pornography Statute Isn’t Aggravated Felony
By: Sarah Flinn The U.S. Court of Appeals for the Ninth Circuit, using the categorical approach, recently determined that the California statute regarding the possession of child pornography,...
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Supreme Court hears crimmigration arguments today
Today the U.S. Supreme Court will hear oral arguments in the latest in its constant stream of crimmigration cases. As with many other Supreme Court crimmigration decisions, Torres v. Lynch, No. 14-1096...
View ArticleCategorical approach returns to Supreme Court
By Nicholas Anderson and Linus Chan The Supreme Court’s decision on Tuesday to grant cert in the Texas v. United States case has gotten quite a bit of deserved attention among the media, pundits, and...
View ArticleJustice Scalia’s Crimmigration Legacy
Andrea Sáenz Supreme Court Justice Antonin Scalia’s recent passing has spurred a wealth of commentary about his career and legal philosophy, including the recognition that the legendary conservative...
View ArticleBIA: Crime of violence requires violent physical force
The Board of Immigration Appeals recently held that an aggravated battery offense could not be considered a crime of violence type of aggravated felony because the state statute did not require use of...
View ArticleReviewing Mathis v. United States
By Kelley Keefer and Linus Chan Justice Alito’s woeful tale of a misguided European driver in his dissenting opinion of Mathis v. United States is presented as a criticism to the Supreme Court’s...
View ArticleSupreme Court says gap in conviction records hurts migrant
In a split decision issued today, the U.S. Supreme Court announced that gaps in conviction records created by state courts should be treated against migrants who are required to show that they haven’t...
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