[Labyrinthos]

To quote Mark Levin: “Listen and I will teach you something.”

Zadvydas v. Davis concerns procedural due process — a person’s rights once they are lawfully within the judicial system. Sessions v. Dimaya (the “Gorsuch case” at issue) concerns substantive due process — whether the person should be within the judicial system in the first place. The difference is significant.

[rollo tomasi]

Wrong guy to quote since even Levin stated Gorsuch screwed the pooch in his opinion.

The point was what would Scalia rule. The tell was his promotion of plenary power aided by the Law of Nations Clause concerning the legislative and Executive positions concerning immigration. Again, he did not believe in judicial limits concerning immigration laws. He most likely would of ruled with Thomas and the rest based on his enumerated positions on immigration which were widely known.

I would think aggravated felony carrying a sentence of more than one year, plus case law stating that first degree burglary constituted a violent act under section 16(b) would be cause for deportation.