No. 18-846

David Allen Anderton v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-04
Status: Denied
Type: Paid
Response Waived
Tags: criminal-statute due-process first-amendment freedom-of-speech immigration-law overbreadth separation-of-powers statutory-interpretation vagueness
Key Terms:
AdministrativeLaw DueProcess FirstAmendment Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether to 'encourage' or 'induce' an alien to come to, enter, or reside in the United States in reckless disregard of the alien's 'in violation of law' status, the serious felony offense created by 8 U.S.C. § 1324's residual clause [8 U.S.C. § 1324 (a)(1)(A)(iv)], is impermissibly vague

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether to “encourage” or “induce” an alien to come to, enter, or reside in the United States in reckless disregard of the alien’s “in violation of law” status, the serious felony offense created by 8 U.S.C. § 1324’s residual clause [8 U.S.C. § 1324 (a)(1)(A)(iv)], is impermissibly vague because it leaves the choice of prohibited conduct and unbridled enforcement discretion to law enforcement, prosecutors, judges and juries, in contravention of the due process of law and the separation of powers, and because the statute’s overbreadth runs afoul of the First Amendment’s guarantee that no law shall abridge the freedom of speech.

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
Waiver of right of respondent United States to respond filed.
2018-12-19
Petition for a writ of certiorari filed. (Response due February 4, 2019)

Attorneys

David Allen Anderton
Shirley Baccus-LobelThe Law Offices of Shirley Baccus-Lobel, Petitioner
Shirley Baccus-LobelThe Law Offices of Shirley Baccus-Lobel, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent