Gorsuch Casts Deciding Vote on Immigration Case - It May Surprise You
Apr 18, 2018, 00:35
Conservative Justice Neil Gorsuch cast a surprise vote in a decision released Tuesday favoring an immigrant fighting deportation, siding with the US Supreme Court's left-leaning wing.
The decision came in Sessions v. Diyama, a case that was carried over from last term when the justices were deadlocked 4 to 4 on how to resolve the matter. And this week Gorsuch joined the court's more liberal justices to deliver a majority in finding the clause too vague. In a case considering the deportation of an immigrant convicted of a felony, Gorsuch sided with the liberal justices in deciding to allow him to stay in the United States.
Dimaya, who had been convicted of burglary in California, challenged his deportation on the grounds that his offense was not severe enough to be considered a violent crime. Originally from the Philippines, Dimaya was first admitted to the U.S.in 1992 as a lawful permanent resident, according to CNN.
Though neither conviction involved an act of violence, the government argued the convictions qualified for expedited removal under the Immigration and Nationality Act's broad definition of "aggravated felony". While conservatives may be frustrated by Gorsuch's vote, the court supposedly used the late conservative Justice Antonin Scalia's reasoning in their opinion.
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