Does the adjudicator use a statistical analysis of every This "due process" guarantee implies that laws must be clearly written. (defining the term for purposes of deciding what counts as a “violent” crime). See, e.g., post, at 1243-1244 (opinion of THOMAS, J. This Court, for example, has used the vagueness doctrine to invalidate antiloitering laws, even though those laws predate the Declaration of Independence. See, e.g., post, at 2–6 (dissenting opinion); Johnson, supra, at ___–___ (opinion concurring in judgment) (slip op., at 6–18). And we have observed that as federal immigration law increasingly hinged deportation orders on prior convictions, removal proceedings became ever more “intimately related to the criminal process.” Chaidez v. United States, The James dissent, for its part, would have determined the requisite degree of risk from the least dangerous of the enumerated crimes, and compared the offense to that. 8 U.S.C. (observing that the categorical approach is “nearly impossible to apply consistently”). 1708, 155 L.Ed.2d 724 (2003) (O'Connor, J., concurring in part and concurring in judgment) (quoting Fong Yue Ting v. United States, 149 U.S. 698, 709, 13 S.Ct. Penal Code § 646.9(b) and Less than a decade after the ratification of the Bill of Rights, the founding generation had an extensive debate about the relationship between the Constitution and federal removal statutes. Two options are possible, only one of which is workable. him in removal proceedings and charged him as an aggravated felon under 57–58 (Oct. 2, 2017); James, 550 U. S., at 203. So, for example, if a crime is likely enough to lead to a shooting, it will also be likely enough to lead to an injury. (emphasis added). For Thus, the Court held that the categorical approach for the residual clause asks "whether the conduct encompassed by the elements of the offense, in the ordinary case, presents a serious potential risk of injury to another." Forced to give meaning to that befuddling choice of phrase—which layered one indeterminate term on top of another—we understood the word “potential” to signify that “Congress intended to encompass possibilities even more contingent or remote than “a simple ‘risk.’ ” James, 550 U. S., at 207–208. In the ordinary case, the riskiness of a crime arises from events occurring during its commission, not events occurring later. Dimaya is a very limited decision and eliminates one half of one aggravated felony deportation amounts to a lifelong banishment or exile. See v. The Court's attempt to avoid the Scylla of the Sixth Amendment steered it straight into the Charybdis of the Fifth. , nor whether the statutory elements of a crime require the creation of such a risk in each and every case, but whether “the ordinary case” of an offense poses the requisite risk, James v. United States, Take the Fourth Amendment's requirement that arrest warrants must be supported by probable cause, and consider what would be left of that requirement if the alleged crime had no meaningful boundaries. Thus, the analyses under ACCA’s residual clause and §16(b) coincide. After the Alien Friends Act lapsed in 1800, Congress did not enact another removal statute for nearly a century. A survey? “(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” §924(e)(2)(B) (emphasis added). In that sense, the doctrine is a corollary of the separation of powers — requiring that Congress, rather than the executive or judicial branch, define what conduct is sanctionable and what is not. That means the government generally may not deprive a person of those rights without affording him the benefit of (at least) those "customary procedures to which freemen were entitled by the old law of England." 16–21. 15-1409 slip op. Kagan said this double-indeterminacy is problematic. . Sixth Amendment concerns that would arise from sentencing courts’ making findings of fact that properly belong to juries.” Descamps v. United States, With the fair notice standard now in hand, all that remains is to ask how it applies to the case before us. It said that deportation laws - being civil - should not be held to the same standards of determinacy. 543 U. S. 1, 7 (2004) See United States v. Serafin, 562 F.3d 1105, 1113 (C.A.10 2009) (recognizing that "Leocal instructs [a court] to focus not on whether possession will likely result in violence, but instead whether one possessing an unregistered weapon necessarily risks the need to employ force to commit possession").2 Yet short-barreled shotgun possession presented a closer question under the ACCA residual clause, because the "serious potential risk" language seemingly directed us to consider "the circumstances and conduct that ordinarily attend the offense," in addition to the offense itself.

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