LexisNexis® Legal Newsroom
Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the BIA. 543 F.3d at 123 n.7. Here, the BIA held that...

Out with 'deference,' in with 'space' and 'weight'

"Administrative law scholars have leveled a forest of trees exploring the mysteries of the Chevron approach contemporary judges take to reviewing law-related aspects of administrative action. Without wishing to deny for a moment that judicial practice has been inconstant – influenced...

CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

"We hold that the BIA’s blanket rule against recognizing nunc pro tunc adoption decrees constitutes an impermissible construction of § 1101(b)(1) and that case-by-case consideration of nunc pro tunc adoption decrees is required. Accordingly, we grant the petition and remand for further...

CA5 on Adjustment of Status, Chevron Deference: Dhuka v. Holder

"This petition for review challenges the Board of Immigration Appeals’ determination that the petitioners could not adjust their status because for more than 180 days, they had not been in “lawful status.” We conclude the BIA properly defined “lawful status” and reasonably...

CA4 Guts Persecutor Bar Test in Matter of A-H-: Haddam v. Holder

"[T]he Attorney General formulated a new definition of the persecutor bar based on Mr. Haddam’s case. Under the new rule, an individual who is the leader of a political group that has ties with an armed group is denied withholding if there exists “evidence indicating that the leader...

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit had done in Li v. Renaud, that a narrow reading...

CA9 on Chevron, NACARA: Aragon-Salazar v. Holder

"Jorge Dario Aragon-Salazar (Aragon), a native and citizen of Guatemala, petitions for review of a decision by the Board of Immigration Appeals (BIA), affirming the Immigration Judge’s (IJ) denial of his application for special rule cancellation of removal under the Nicaraguan Adjustment and...

CA5 on Asylee Adjustment/Termination, C-J-H-, Chevron: Ali v. Lynch

Ali v. Lynch, Feb. 22, 2016 - "When affirming IJ Greenstein’s assertion that Ali’s LPR status terminated his asylum status, and as a result, Ali’s deportation proceedings could commence without termination of his asylum status, the BIA relied on its precedential decision, C-J-H...

CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration and Nationality Act (“INA”). ....

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...

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1)(A) and 1182(a)(7)(A) causes us to recall comments...