On Tuesday, The U.S Supreme Court ruled in a 5-4 decision in the case of Sessions v. Dimaya. The court affirmed U.S code 16b’s definition of “violent felony” is unconstitutionally vague when applied to the removal provisions of the Immigration and Nationality Act. To Southwest Florida immigration attorney Ahmad Yakzan, the ruling offers potential relief to clients convicted of such crimes and are unable to seek asylum in the U.S.
“In one of the cases that I have right now, the person was from Palestine for example, and Israel would not take him back. So, he’s been on a removal order for about 11 years.” Yakzan said. “The second I read the decision I called him and told him this is huge for you, we need to move to reopen your case,” he added.
The Supreme Court ruling marks another setback for the legislative priorities of the Trump Administration. Attorney General Jeff Sessions announced on April 11th that the Department of Justice would suspend the Legal Orientation Program from the Vera Institute, a program designed to educate detained immigrants about their rights, according to the Washington Post.
“I don’t know what congress is going to do, this is a big deal. They might actually come back and say well, ‘Here is another definition that might work,’ and that might actually bar some undocumented immigrants from applying for the benefits,” Yakzan said. “Would it help? Absolutely. Would it hurt? We really don’t know, but we’re taking it as a win as immigration litigators,” Yakzan added.
Yakzan has served as an immigration litigator in the St. Petersburg-Tampa area for nine years, receiving his Master of Laws degree in International Law and Legal Studies at Stetson University College of Law. According to his American Dream Law Office bio, Yakzan has co-authored several publications on Immigration law for the St. Petersburg Bar Association. Yakzan, himself an immigrant from Beirut, Lebanon, is the owner of his own law firm, American Dream Law Office, where he manages two offices in downtown St. Petersburg and Tampa. His firm offers a variety of immigration legal services, from removal defense to asylum applications.
In reaction to Tuesday’s decision, White House officials and U.S Immigration and Customs Enforcement Director, Thomas Homan, responded in the Washington Post, calling on Congress to act on close loopholes on removals while also stating that drug trafficking would no longer be considered an aggravated felony in the state of Florida.
According to Syracuse University Trac Data, the state of Florida ranks as the 3rd highest number of removal orders to date in the U.S.
“Do I see the administration changing its stance before 2020, absolutely not,” Yakzan said. “We’re in for the long haul, and it’s going to be an interesting journey,” he added.
For more on Attorney Ahmad’s legal perspective on the SCOTUS decision, click here.