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SCOTUS addresses meaning of "aggravated felony" in immigration decision

By Douglas A. Berman

As detailed at SCOTUSblog here and here, this morning the Supreme Court granted cert on four new cases and handed down two opinions.  All the cert grants were in civil cases, and technically so were the two issued opinion.  But the opinion, per Justice Breyer for a unanimous Court, in Nijhawan v. Holder, No. 08-495 (avaialble here) has lots of criminal law talk as the Justices work through what constitutes an "aggravated felony" to authorize deportation under 8 USC §1227(a)(2)(A)(iii). I may have more to say about Nijhawan, particularly as it pertains to all the complicated issues surrounding "crime of violence" sentencing enhancements, when I get a chance to work through its statutory analysis.  Commentors are welcomed and encouraged to get a running start on Nijhawan nattering...continue to full post

Full post as published by Sentencing Law and Policy on June 15, 2009 (boomark / email).