Tag Archives: Mellouli v. Lynch

Response to Walker on Chevron Deference and Mellouli v. Lynch, by Patrick Glen

by Guest Blogger — Wednesday, June 10, 2015

CJW Note: Last week I posted some preliminary reactions to the Supreme Court’s immigration adjudication decision in Mellouli v. Lynch. Patrick Glen, senior litigation counsel with the Justice Department’s Office of Immigration Litigation, sent me the following response, which he graciously has allowed me to repost here. The standard disclaimer applies: The views and opinions expressed […]

The “Scant Sense” Exception to Chevron Deference in Mellouli v. Lynch

by Christopher J. Walker — Tuesday, June 2, 2015@chris_j_walker

Yesterday the Supreme Court issued a 7-2 opinion in Mellouli v. Lynch, an immigration adjudication case dealing with what counts for deportation purposes as a state law “relating to a controlled substance (as defined [by federal law]).” The Court ruled against the Federal Government, refusing to give Chevron deference to the agency’s interpretation of the […]