January 11, 2021

Might Chevron deference be reconsidered?

[Cross-posted from ImmigrationProf Blog]

By Kevin R. Johnson

Jack Chin for SCOTUSBlog previews Pham v. Guzman Chavez, which will be argued before the Supreme Court on January 11.  Chin writes that "[t]he case, addresses the right of certain noncitizens to be released on bond while they are in the process of removal from the United States. The migrants at issue are a subgroup of a subgroup: those who have previously been ordered removed, and are statutorily subject to swift deportation based on reinstatement of the prior order, but who have a so-called `withholding' claim, which, if granted, prohibits their removal to a particular country under the Convention Against Torture or related U.S. statutes and regulations."

The case raises the deference doctrine of Chevron USA v. Natural Resources Defense Council, which Justice Kennedy observed in Pereira v  Sessions might be due for reconsideration.