Burglary is considered a crime against propriety, a basically non-violent crime, usually committed with no intention of encountering a human being. The degrees of burglary are based on how likely the criminal is likely to encounter a person in the commission of his crime. Burglary of an occupied residence is a first degree burglary because the chance of encountering the resident is high. Burglarizing an empty business is a third degree.
Robbery always involves an encounter with a person and is considered a violent crime as there is always a threat involved, an assault, perhaps a battery, injury, or death.
Ergo, Gorsuch’s decision is explicable in that the legal immigrant was convicted of burglary, an inherently non-violent crime. The order specifies deportation for crimes of violence. The crime doesn’t fit the definition of the order.
I don’t know all the details of the crime in this case, but in some jurisdictions, if a burglar is armed with a deadly weapon when committing his burglary, it becomes by definition a violent crime, because being armed, the burglar is prepared to do violence should he unexpectedly encounter a person.
Some jurisdictions hold that any burglary of a residence at any time is likely to encounter a person and violence is an expected outcome, so it’s automatically elevated to a violent crime, even if the House is empty. That’s why the Federal law should be better defined.
I thought we were done with this issue. I don’t really need to continue reading definitions of burglary - I understood them the first time.
However, the FBI might be in need of those, because they record burglaries as violent crime.
Both Gorsuch and Roberts had very good explanations for their positions. It does no good to keep restating them.
Likewise Thomas and the other conservatives had very good explanations for their positions. I happen to agree more with those than Gorsuch and the liberals. Just like I disagreed with Roberts and the liberals on Obama Care.
I really think the issue has already taken up more time, effort, and space than it deserves. Just agree to disagree and move on.