Thursday, December 5, 2013

U.S. Supreme Court Argument preview: Deference to agency interpretations of the immigration laws (Mayorkas v. Cuellar de Osorio)

While the Supreme Court historically has afforded considerable deference to the immigration bureaucracy in the interpretation and application of the U.S. immigration laws, it has not blindly deferred to the executive branch. In Judulang v. Holder (2011), for example, the Court unanimously rejected the conclusion of the Board of Immigration Appeals (BIA) that a lawful permanent resident was statutorily ineligible for relief from removal, finding that it “flunked” minimal judicial review. Next week, in Mayorkas v. Cuellar de Osorio, the Court will return to the question of the appropriate deference to be afforded the BIA’s interpretation of the immigration laws.

For the rest of the preview of the oral argument before the Supreme Court on December 10, click here.


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