Filed July 10, 2017
In Negusie, for example, the Supreme Court rejected a plea for deference to an agency decision that was based not on the agency’s construction of ambiguous statutory language, but on its interpretation of a prior Supreme Court decision. 555 U.S. at 521. Likewise, the D.C. Circuit has repeatedly held that courts “are not obligated to defer to an agency’s interpretation of Supreme Court precedent under Chevron or any other principle.”
Filed December 3, 2015
Those determinations are entitled to the greatest deference, as “over no conceivable subject is the legislative power of Congress more complete than it is over the decision of Congress to admit or to exclude aliens.” Negusie v. Holder, 555 U.S. 511, 546 n. 2 (2009). In place of this system, Petitioners suggest a review process in which all unadmitted aliens, in this instance apprehended while seeking to enter unlawfully (which is itself a criminal act),4 subject to expedited removal (193,032, or 44 percent of all removals during 2013,5 see Immigration Enforcement Actions: 2013, at 1, 5, available at https://www.dhs.gov/sites/default/ files/publications/ois_enforcement_ar_2013.
Filed February 23, 2015
United States v. Afyare, 2013 WL 2643408, at *12 (M.D. Tenn. June 12, 2013) (quoting United States v. Longoria, 569 F.2d 422, 425 (5th Cir. 1978)).9 In other words, 8 Plaintiffs cite Russello v. United States, 464 U.S. 16, 21-22 (1983), which concerned a civil RICO provision and did not interpret the word “participate.” Plaintiffs also cite Negusie v. Holder, 555 U.S. 511, 544 (2009), Opp. at 7, which addressed refugee status under the Immigration and Nationality Act, but fail to mention they cite Justice Thomas’s dissent.
Filed February 13, 2015
Russello v. United States, 464 U.S. 16, 21 (1983). In Negusie v. Holder, 555 U.S. 511, 544 (2009), the Supreme Court confirmed that “‘participate’ means simply ‘to take part’ or ‘to have a share, to take part in something,’” a relatively low bar. Id.