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SALT LAKE CITY — The Supreme Court decided this week to hear a case in its upcoming term on whether the definition of a crime of violence, as applied through the deportation sections of immigration law, is "unconstitutionally vague."
The High Court's decision to take up a 9th Circuit Court case on the issue comes days after the 10th Circuit Court of Appeals vacated the deportation of a legal permanent resident of the United States who lives in Utah.
The 10th Circuit Court found the portion of federal immigration statute on deportable offenses the government had relied upon to seek Constantine Golicov's deportation was "unconstitutionally vague," effectively halting its use in the circuit.
Golicov, born in Moldova, was placed in deportation proceedings in 2012 after he was convicted in 3rd District Court in Utah in 2010 of failing to respond to an officer's signal to stop, a third-degree felony that carries a sentence of zero to five years.
He was sentenced to 30 days in jail and placed on probation, which was followed by a total of two years in jail on the civil immigration hold.
He was released from the Utah County Jail early last week after the 10th Circuit Court of Appeals decision was published.
The 10th Circuit joined courts in the 6th, 7th and 9th circuits in similar rulings. However, a 5th Circuit Court of Appeals ruling upheld the government's position.
