Todor Krumov Simeonov v. John Ashcroft, Attorney General
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Loper Bright Enterprises v. Raimondo ended the Chevron deference underlying Simeonov v. Ashcroft's statement that courts defer to the BIA's statutory interpretation unless it conflicts with the statute's plain meaning. The Ninth Circuit recognized this change for BIA interpretations in Murillo-Chavez v. Bondi. The treatment is listed below; Simeonov's specific conclusion that an excluded, unadmitted person was ineligible for suspension of deportation remains separate from that review standard.
33 later cases cite Todor Krumov Simeonov v. John Ashcroft, Attorney General; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Todor Krumov Simeonov v. John Ashcroft, Attorney General?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court ended the Chevron deference underlying Simeonov's stated standard for reviewing the BIA's statutory interpretations.
Loper Bright Enterprises v. Raimondo · Supreme Court of the United States · filed
Chevron is overruled. Courts must exercise their inde- pendent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires.
Read the full opinion on CourtListener →
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