In a tremendous legal victory for immigrants’ rights, today the U.S Court of Appeals for the Fourth Circuit ruled in the published decision Leyva Martinez v.
Addressing a circuit split in a decision favorable to immigrants, on April 17, 2018 the Supreme Court held in Sessions v. Dimaya that the second part of the “aggravated felony crime of violence” category of removable offenses, 18 U.S.C. § 16(b), is unconstitutionally void for vagueness. This means that no immigrant can ever be deported, barred from defenses to deportation, or barred from the right to a bond hearing again for having an offense categorized under this constitutionally invalid subsection.
