The 9th circuit erred in holding this decision in johnson compelled the conclusion that the definition of crime of violence in the inas broader definition of aggrevated felony is is unconstitutionally vague. First, the standard for accessing vagueness is not the one thats applicable in criminal cases. Immigration removal is not a punishment for past conduct. It operating on the basis of the application of standards adopted by congress under which an alien is regarded as no longer conducive. If if youre making the distinctions that johnson was a criminal case and this is a z civil case, this court has had a number of decisions saying that line is not so rigid. For example, mlb. Taking away parental rights is a civil proceeding and yet, as in the criminal proceeding forre a indigent party, the state must give the transcripts free. So if you had followed a rigid criminal civil, then if its civil, no free transcript. Only if its criminal. But the court said the line is blurred when there i