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Supreme Court's Decision Makes It Easier To Challenge Immigration Denials

On June 28, 2024, the US Supreme Court overturned the Chevron Deference Doctrine.

In Chevron, the Supreme Court held in 1984 that when a federal statute is ambiguous, federal courts should defer to the agency’s interpretation of the law as long as their interpretation is “reasonable”.

While overturning the Chevron Deference Doctrine will have negative consequences in many areas of law, it will revolutionize the ability of persons to challenge immigration denials by federal agencies (including USCIS, ICE, CBP, EOIR, etc.) based on overly restrictive interpretations of U.S. immigration laws.

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As a former INS Trial Attorney (1976-82), I am well aware that immigration agencies tend to interpret U.S. immigration laws in an overly restrictive manner.
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.
All content Copyright © Carl Shusterman 1995-2024, All rights reserved

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