LexisNexis® Legal Newsroom
CA9 on Brand X, Retroactivity, 245(i) and Voluntary Departure: Garifas-Rodriguez v. Holder

"In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court instructed federal courts to defer to reasonable agency interpretations of ambiguous statutes, even when those interpretations conflict with the prior holding of a federal circuit court. 545 U...

BIA Applies Brand X: Matter of M-H-, ID3772

The holding in Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007), that an offense need not be an aggravated felony to be considered a particularly serious crime for purposes of barring asylum or withholding of removal, should be applied to cases within the jurisdiction of the United States Court of Appeals...

CA9 on Brand X: Duran Gonzales Vacated, Remanded

"The opinion filed on October 25, 2011, 659 F.3d 930, is withdrawn. A superseding opinion and dissent will be filed concurrently with this order. The Petition for Rehearing En Banc filed on December 9, 2011 is denied as moot. ... Plaintiff-Appellants are Aurelio Duran Gonzales and six other Mexican...

Brand X Can Be A Force For Good: David A. Isaacson on Matter of Douglas

" On October 17, 2013, its first day back to normal operations after the end of the recent federal government shutdown, the Board of Immigration Appeals (BIA) issued a precedential opinion, Matter of Douglas , 26 I&N Dec. 197 (BIA 2013) . At first glance, Matter of Douglas is about an interesting...

CA10 on Briones, Brand X and Retroactivity: De Niz Robles v. Lynch

"[W]e take heart from the fact that the only other circuit to have considered the competing factors at play in a case like our own has reached the same judgment we do. In Acosta-Olivarria, the Ninth Circuit employed its version of the Stewart Capital factors and refused to allow the BIA to apply...

CA10 on Chevron, Brand X and Retroactivity: Gutierrez-Brizuela v. Lynch

Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr. De Niz Robles, Mr. Gutierrez-Brizuela applied for...