"[7][8] A federal immigration judge ordered Dimaya deported, agreeing that the convictions constituted violent aggravated felonies.

[8][10] The United States Government filed a petition for a writ of certiorari to the Supreme Court in June 2016, on the question presented: "Whether 18 U.S.C.

16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague.

The Justices were deadlocked 4 to 4 in their decision, and a new oral hearing was held on October 2, 2017, before the full nine-member court.

[6] The Court announced judgment in favor of Dimaya on April 17, 2018, affirming the Ninth Circuit by a vote of 5-4.

[8] Kagan referred to Scalia's majority opinion from Johnson to justify that the language of the residual clause was sufficiently vague.

[13][14] Several news organizations noted that Gorsuch's vote mirrored Scalia's displeasure with vague laws or excessive government power.