United States Third Circuit

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Chavez-Alvarez v. Attorney Gen. of the U.S., 16-1663

In a petition for review of a second decision of the Board of Immigration Appeals (BIA) that petitioner be removed, among other things, for committing sodomy while serving in the United States Army, the petition is granted where: 1) the BIA incorrectly reasoned that the President--through his delegated authority to define punishments for those who commit military crimes--essentially could create the definition of those crimes himself; and 2) this is a power reserved to Congress.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/09




  • United States Third Circuit


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