Supreme Court Justice Neil Gorsuch was the first one appointed by Trump due to the fact he seemed to align with the administration’s general directions and wishes. However, in a surprising and controversial turn of events, Justice Gorsuch recently ruled in favor of an immigrant who was fighting deportation. Gorsuch’s vote was actually the one that tipped the scales and concluded the case.
James Dimaya was convicted twice in California for first-degree burglary, or entering an occupied residence in order to steal something of value, or to commit another serious felony. The crime was categorized by the Justice Department as a violent, aggravated felony. Under this definition, it can act as grounds for deportation.
The Supreme Court ruling challenged the Justice Department’s definition of violence, though. It referenced a 2015 Supreme Court ruling that declared the Armed Career Criminal Act (ACCA) defined “violent felonies” too vaguely to be used in any constitutional context. If the definition were to be upheld, then all courts would be forced to make decisions based on unpredictable abstracts, not objective guidelines.
Justice Gorsuch Explains His Decision
Perhaps in anticipation of the controversy that was sure to follow his decision, Justice Gorsuch prepared a statement as well to explain his ruling. In it, he noted the arbitrary power necessary under the preexisting laws were rooted in antiquated laws and legal standards. He went as far as to discuss the original definitions of treason laid out during the American Revolution as being intentionally vague enough to serve the purposes of the revolution itself.
The Supreme Court Justices who did not side with Gorsuch were apparently not quite surprised by his vote. In a previous discussion, he questioned the definitions of “violent felonies” and noted Congress had struggled to make a clear definition during previous oral arguments.
Implications of the Deportation Defense Ruling
Political upsets aside, the ruling tipped by Justice Gorsuch brings many implications and legal impacts. It demands clear standards for deportation rulings that eliminates the discretion of immigration court judges. The Supreme Court’s ruling has also essentially undone a law that played an integral in countless deportations throughout the years, potentially barring future deportation cases brought forth on similar circumstances.
For more information about this ongoing story, you can click here to view a full article posted by The Hillnewsgroup. If you require the assistance of a Dallas immigration attorney for a deportation defense case of your own, call 888.867.5191 to connect with Mathur Law Offices. Our law firm has been representing Texans in immigration cases for more than 15 years, creating an impressive history of successful case results. Find out more by scheduling your initial consultation today.