Sessions v. Dimaya: Supreme Court strikes down 18 U.S.C. § 16(b) as void for vagueness
In this advisory, we review the Supreme Court’s decision in Dimaya (see Section I) and what the decision may mean for others charged with other similarly nebulous removal grounds (see Section II). We also discuss suggested strategies and provide a sample motion to reconsider for cases affected by Dimaya, which should be filed by May 17, 2018. (see Section III).
Why it matters
Useful as a drafting starting point for Removal Defense work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use.
Topics
Removal defense
Motions to reopen / reconsider
Workflows
Immigration court deadline
Motions, stays, and pretermission
BIA, PFR, and federal court
Sample filings and templates
Forums
Immigration court
BIA
Jurisdictions
National