The United States Supreme Court announced today that it will decide the question of whether 18 U.S.C. § 16(b), as incorporated into the Immigration and Nationality Act (“INA”), is unconstitutionally vague. In 2015, the Ninth Circuit Court of Appeals held that the statute, which defines a “crime of violence,” is unconstitutionally vague. A conviction for a “crime of violence” can prevent a foreign national from taking advantage of numerous immigration benefits. Allowing a noncitizen to bring a void for vagueness challenge to the definition of crime of violence could open up possibilities of avoiding the negative consequences associated with such a conviction.
In addition to the Ninth Circuit, the Sixth and Seventh Courts of Appeals have also found 18 U.S.C. § 16(b) to be void for vagueness. Most importantly, on September 20, 2016, the Tenth Circuit Court of Appeals found the clause to be unconstitutionally vague. (Click here for more information on that decision).
With today’s announcement, the United States Supreme Court intends to resolve the question of whether 18 U.S.C. § 16(b) is in fact void for vagueness. If you believe that you may have been convicted of a crime of violence that has affected your immigration case, please contact our office.
The Diversity Visa Lottery is a congressionally mandated system that provides immigrant visas to randomly selected individuals from regions and countries around the globe with historically low numbers of immigrants…
Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.
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