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).

National Immigration Project Template motion Apr 25, 2018 Direct PDF available

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