Friday, August 19, 2011

Ninth Circuit -- DELGADO V. HOLDER

DELGADO V. HOLDER

Courts have jurisdiction to review agency definition of "particularly serious crime" warranting withholding of removal.

Under Chevron deference, BIA can set threshold for "particularly serious crime" by either rule or adjudication.

Concur/special concur: BIA rules & precedent foreclose withholding of removal for a DUI.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.