Marina Hernandez v. Eric Holder, Jr.

How courts have described this case

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

• recognizing the rule of lenity “applies only where there is a grievous ambiguity,” 9 Appellate Case: 21-9545 Document: 010110671015 Date Filed: 04/14/2022 Page: 10 otherwise the court must defer to the BIA’s construction (internal quotation marks omitted)
• “But in doing so, we give the BIA Chevron deference so long as its decision is a precedential decision issued by a three- judge panel.”
• “In short, § 1229b(b)(1)(C) cross-references only the offenses that preclude cancellation of removal, not the immigration consequences that stem from those offenses.”
• “[B]ecause the rule of lenity is a last resort, not a primary tool of construction . . . it applies only where there is a grievous ambiguity or uncertainty in the statute.”

Source: CourtListener parenthetical corpus (CC0).