A case concerning a permanent resident in the US, James Dimaya has caused the US Supreme Court to issue the term “aggravated felony” in the US immigration law as too broad to either bar or exclude immigrants on.
Dimaya has two convictions for first –degree burglary under law in California. However, after the second offense, the federal government wanted to exile him in terms of aggravated felony. Under the Immigration Act, aliens that are admitted to the US may be removed if they are convicted of an aggravated felony. The Act further defines an aggravated felony to mean a crime of violence punishable of at least one year.
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Whilst Dimaya’s case is pending in the US Court of Appeals for the Ninth Circuit, the Supreme Court was dealing with a similar case that defined a “violent felony” to an act that would involve a person posing “serious potential risk or physical injury to another”.
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Thailand Immigration Law Act
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Seal of the United States Court of Appeals for the Ninth Circuit
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