Dimaya v. Sessions – Sessions loses. And the cherry on top? Gorsuch casts the deciding vote and writes a compelling concurrence.
So, what does this mean? I will have a lot more to say later, but my quick take:
- The aggravated felony of “a crime of violence” is no longer applicable. Old cases where a person was ordered removed for such a conviction should be examined for possible reopening.
- Derivative charges like “crime of domestic violence” which require a “crime of violence” are also no longer applicable.
The decision doesn’t say whether it will be applied retroactively. But this is great news.