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Section 16(b), as incorporated by the INA, cannot violate this Clause unless the following propositions are true: The Due Process Clause requires federal statutes to provide certain minimal procedures, the vagueness doctrine is one of those procedures, and the vagueness doctrine applies to statutes governing the removal of aliens. Thus, the analyses under ACCA's residual clause and § 16(b) coincide.questions judges trying to apply the statute using an ordinary case analysis would have to confront. Though I express no view on whether § 924(c) can be distinguished from the provision we consider here, the Court's holding calls into question convictions under what the Government warns us is an "oft-prosecuted offense." Many of the Constitution's other provisions presuppose and depend on the existence of reasonably clear laws. §§ 459, 460(a). Click the citation to see the full text of the cited case. How are the people to know?removal is a virtual certainty for an alien found to have an aggravated felony conviction, no matter how long he has previously resided here.Those consequences came to pass in respondent James Dimaya's case. 46a. The text of § 16(b) does not mandate the ordinary-case approach, the concerns that led this Court to adopt it do not apply here, and there are no prudential reasons for retaining it. Section 16, in turn, defines crimes of violence as follows:What history suggests, the structure of the Constitution confirms. § 1101(a)(43)(F). But what does that mean? Click on the case name to see the full text of the citing case.only identify the conduct typically involved in a crime, but also gauge its potential consequences. § 924(e)(1). But if the elements are insufficient, where else should immigration judges look to determine the riskiness of an offense? Once again, the riskiness of a crime in the ordinary case depends on the acts taken during — not after — its commission. §§ 1227(a)(2)(A)(iii), 1229b(a)(3).Section 16(b), the residual clause, is the part of the statute at issue in this case.A comparison of § 16(b) and § 16(a) further highlights why the former likely adopts an underlying-conduct approach. SESSIONS, III, Attorney General, Petitionerv.James Garcia DIMAYA.given the statute's concern with the ordinary (rather than the outlandish) case. Is the court supposed to hold evidentiary hearings to sort them out, entertaining experts with competing narratives and statistics, before deciding what the ordinary case of a given crime looks like and how much risk of violence it poses? The Court heard argument in the case in January 2017. I will briefly discuss the origins of the categorical approach and then explain why the Court should abandon it for § 16(b).My objection aside, the ordinary-case approach soon created problems of its own. Brief for United States 12.Listed below are the cases that are cited in this Featured Case. Will, not judgment, dictates the result.In addition, § 16 serves as the universal definition of "crime of violence" for all of Title 18 of the United States Code. Stat. But concerns with substantive due process should not lead us to react by withdrawing an ancient procedural protection compelled by the original meaning of the Constitution.power all the same — by leaving the people in the dark about what the law demands and allowing prosecutors and courts to make it up.Less than a decade after the ratification of the Bill of Rights, the founding generation had an extensive debate about the relationship between the Constitution and federal removal statutes. 4, § 18, in 39 Eng. Before holding a lawful permanent resident alien like James Dimaya subject to removal for having committed a crime, the Immigration and Nationality Act requires a judge to determine that the ordinary case of the alien's crime of conviction involves a substantial risk that physical force may be used. Respondent James Garcia Dimaya, a citizen of the Philippines, immigrated to the United States as a lawful permanent resident in 1992 at the age of thirteen. Dimaya also asserts that § 16(b) is unconstitutionally vague because it shares the same features that made a provision unconstitutionally vague in Johnson v. United States , 135 S. Ct. 2551 (2015). Or instead of requiring real evidence, does the statute mean to just leave it all to a judicial hunch? It can serve as the basis for an alien's removal from the United States, and can preclude cancellation of removal by the Attorney General. It does not forbid the legislature from acting toward any end it wishes, but only requires it to act with enough clarity that reasonable people can know what is required of them and judges can apply the law consistent with their limited office. Just take the crime at issue in this case, California burglary, which applies to everyone from armed home intruders to door-to-door salesmen peddling shady products. All the same crimes might — or, then again, might not — satisfy both requirements.