Thursday, January 26th, 2017

CA9 on Authority to Terminate Asylum: Nijjar v. Holder


"We address whether the Department of Homeland Security has authority to terminate an alien’s asylum status, and conclude that it does not. ... Congress did not confer the authority to terminate asylum on the Department of Homeland Security. Congress conferred that authority exclusively on the Department of Justice. ... Congress spoke directly to the precise question of who can terminate asylum, making its intent clear: “the Attorney General.”  That is, under Chevron, indeed the end of the matter.  When Congress assigns authority to one cabinet department, that department is not free to reverse the congressional determination by assigning it to another. ... Congress conferred authority on both the Attorney General and the Department of Homeland Security to give asylum, but only on the Attorney General to take it away. ... Congress has provided one way for asylum status to terminate: through the