James v. Mukasey

How courts have described this case

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

• noting that, though we are not required to do so, in some cases remand may be “the wiser and more prudent course” for evaluating the divisibility of a statute and, potentially, the facts of conviction in the first instance
• according Chevron deference to BIA’s interpretation of term “sexual abuse of a minor” in INA § 101(a)(43)(A)
• Court lacked jurisdiction to consider claim of eligibility of adjustment of status when application was not filed before the IJ
• “we defer to the BIA’s interpretation of [the INA] in determining the meaning of ‘sexual abuse of a minor’” as it appears in the INA but not to its “interpret[ation] of state or federal criminal laws” themselves
• noting the open question to which Dulal-Whiteway called attention

Source: CourtListener parenthetical corpus (CC0).