News & Analysis as of

Aggravated Felony

Cozen O'Connor

AG Moody Bans Eight Synthetic Opioids In Florida

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On April 26, Florida AG Ashley Moody issued an emergency rule adding eight synthetic opioids to Florida’s Schedule I of controlled substances. The drugs, which are categorized as nitazenes, are available on the dark web and...more

Dorsey & Whitney LLP

The Supreme Court - June 10, 2021

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Borden v. United States, No. 19-5410: Under the Armed Career Criminal Act (“ACCA”), persons found guilty of illegally possessing a gun who have three or more prior convictions for a “violent felony” are subject to a mandatory...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Discusses When A Statute May Be Unconstitutionally Vague – Will It Be Extended to False Claims Act Cases?

And it is even more difficult still if the defendant had – and acted in accordance with – a reasonable interpretation of the vague or ambiguous statute, regulation or contract provision. A concurring opinion in a Supreme...more

Dorsey & Whitney LLP

The Supreme Court - April 17, 2018

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The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sessions v. Dimaya

On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness. The Immigration and...more

Jackson Lewis P.C.

U.S. Supreme Court: Immigration Act Unconstitutionally Vague On Removal For Aggravated Felony

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The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an...more

Patterson Belknap Webb & Tyler LLP

In Rare Ruling Vacating Sentence as Both Procedurally and Substantively Unreasonable, Second Circuit Expounds on the Role of Mercy...

In United States v. Singh, 16-1111-cr (Kearse, Hall, Chin), the Second Circuit vacated the defendant’s 60-month prison sentence—which was nearly three times the top of his Guidelines range—for illegally reentering the United...more

Cozen O'Connor

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

Cozen O'Connor on

On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime...more

Zuckerman Spaeder LLP

Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

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In lawsuits over contracts, parties sometimes assert defenses that contracts are voidable or void. A voidable contract is one as to which the party should have a choice as to whether it is enforceable or not; for example,...more

Brooks Pierce

Fourth Circuit Says Embezzlement Is Not Theft under the Immigration and Nationality Act

Brooks Pierce on

Is embezzlement theft? Some people think it is. Even common sense suggests it. But the U.S. Court of Appeals for the Fourth Circuit can’t live in the world of common sense. It lives in a world of statutes that have words,...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #3

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The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Torres v. Lynch

On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more

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