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: Defense Newsletter Blog

Di Pietro: Immigration Marriage Law Not Void for Vagueness

By Tim Cone

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In U.S. v. Di Pietro, No. 09-13726 (Aug. 27, 2010), the Court affirmed a conviction for aiding and abetting individuals to enter into marriage for the purpose of evading federal immigration laws, and rejected constitutional challenges to 8 U.S.C. § 1325(c).The Court rejected a void for vagueness challenge to the law, pointing out that Di Pietro conceded that the law was not vague as it applied to her. She could not challenge the law as it applied to others. The Court recognized that certain First Amendment ?overbreadth? challenges can be raised by one person for others. Here, however, Di Pietro was raising a void for vagueness challenge, and her arguments did not implicate sufficiently ?weighty? concerns for others to support her going forward on her challenge...continue to full post

Full post as published by Defense Newsletter Blog on August 27, 2010 (boomark / email).

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