09 Mar 2017

CA3 on Modified Categorical Approach, CIMT: Chavez-Alvarez II

Chavez-Alvarez v. Atty. Gen., Mar. 9, 2017 - "In the simplest of terms, the BIA reasoned that the President — through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition of those crimes himself. He cannot, as the latter is a power reserved to Congress. We therefore grant the petition for review and reverse the BIA’s decision."

[Hats off to Craig Shagin!]