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Tenth Circuit· 10/20/2015

De Niz Robles v. Lynch

Citations

  • 803 F.3d 1165
  • 2015 WL 6153073

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a new 15 interpretation announced in an agency adjudication is subject to a “presumption of prospectivity”
  • discussing the presumption against retroactive application of laws in the agency context
  • “[T]o reach Chevron step two the agency must first establish that traditional tools of statutory interpretation fail to reveal “what the law has always meant.’ ”
  • “[N]o one before us contends that Congress has clearly authorized the BIA to apply its decision in Briones retroactively.”
  • “[A] statutory grant of legislative rulemaking authority will not, as a general matter, be understood to encompass the power to promulgate retroactive rules unless that power is conveyed by Congress in express terms.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, Holmes, Tymkovich

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named De Niz Robles v. Lynch

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.