The Crime of Violence Flaw in Immigration Law
Firstly, on the topic of violence, our thoughts and prayers go out to the victims, their families and loved ones from the country’s most devastating mass shooting in modern history, recently in Las Vegas. With so much division and seemingly increasing social hate under flourishing since Donald Trump has been elected President, we are truly living in perilous times.
On the topic of violence, earlier this week, the U.S. Supreme Court justices heard arguments in, Sessions v. Dimaya, where the government appealed the Ninth Circuit Court of Appeals ruling that language in the Immigration and Nationality Act calling for deportation of legal immigrants convicted of a “crime of violence” was so vague that it violated their rights to due process of law under the U.S. Constitution.
In light of the recent mass shooting in Las Vegas, Nevada carried out by an American citizen. One wonders when will President Donald Trump and his administration will start focusing on the issues that really matter. His intense focus on immigration issues and deportation based on the belief that the immigrant community are somehow a major cause of crime in this country actually has an overwhelming amount of evidence and facts that state the contrary.
We believe the Supreme Court Justices have an opportunity to right injustice in this case involving Filipino legal immigrant James Garcia Dimaya, who is the most recent case example of how federal authorities ordered a legal immigrant deported for the “violent” crime of burglary, that did not involve violence. Clarification for which crimes warrant the deportation hammer is definitely in order to ensure we as a country are staying true to our values of equality and fairness.
“The Dimiya case is a clear example of why immigration reform is such a critical piece of change that desperately needs to take place here in America,” said top Atlanta immigration attorney Glenn Fogle, principal member and founder of The Fogle Law Firm.
“Here we have a classic example of confusion within the federal legal realm”, said Fogle. In the federal criminal code, a “crime of violence” includes offenses in which force either was used or carried a “substantial risk” that it would be used. But then the San Francisco-based 9th U.S. Circuit Court of Appeals ruled in 2015 that the definition as applied to non-citizen immigrants was unconstitutionally vague and can lead to arbitrary enforcement of the law.
Having been a part of the appeals court for over 26 years with one of the highest win-rates on the federal level in the country, Glenn Fogle patiently awaits the ruling on the Dimaya case.