Today the Second Circuit decided Arriaga v. Mukasey, a case in which the petitioner, Nelson Arriaga, was convicted under Connecticut law of second degree stalking and facing deportation. Arriage argued he could not be deported because the Immigration and Nationality Act stalking provision was unconstitutionally vague on its face and as applied. The Second Circuit disagreed. The full decision is here, and highlights are provided below.
Arriaga concedes that he was convicted of stalking under Connecticut’s penal code, but he argues that the Immigration and Nationality Act stalking provision, which does not define “stalking,” is unconstitutionally vague, on its face and as applied. This challenge presents a question of first impression in the courts of appeals.