Golicov v. Lynch, No. 16-9530 (10th Cir. 2016)Annotate this Case
Petitioner Constantine Golicov, a lawful permanent resident of the United States, sought review of a Board of Immigration Appeals (BIA) order concluding that his Utah state conviction for failing to stop at a police officer’s command rendered him removable under the Immigration and Nationality Act (INA). The specific provision of the INA that served as grounds for removal provided that an alien is subject for removal if that person commits an "aggravated felony." The INA defined the term "aggravated felony" to include "crimes of violence." Petitioner argued to the Tenth Circuit that "crime of violence" was unconstitutionally vague. After review of the Supreme Court precedent of "Johnson v. United States," (135 S. Ct. 2551 (2015)), and applying that case to the facts of this case, the Tenth Circuit agreed with petitioner that the INA's term was indeed vague. The order of removal was vacated and the case remanded for further proceedings.