Alphonsus v. Holder, 705 F.3d 1031, 1041-41 (9th Cir. Jan. 18, 2013) (holding void-for-vagueness constitutional doctrine applies to allow a facial constitutional vagueness challenge to 8 U.S.C. 1231(b)(3)(B)(ii), maintaining that the provision is unconstitutionally vague because the statute provides no definition of particularly serious crime, to be made, but rejecting it on the merits; [T]he void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). Although 1231(b)(3)(B)(ii) is not a criminal statute, we entertain Alphonsus's vagueness challenge because of the harsh consequences attached to a particularly serious crime determination and the attendant denial of withholding of removal. See Jordan v. De George, 341 U.S. 223, 230"31, 71 S.Ct. 703, 95 L.Ed. 886 (1951) (reviewing a vagueness challenge to the crime involving moral turpitude designation, in view of the grave nature of deportation).).