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102 Iowa L. Rev. Online 1 (2016-2017)

handle is hein.journals/iowalrb8 and id is 1 raw text is: Improving the Exercise of the Attorney General's Immigration Referral Power: Lessons from the Battle over the Categorical Approach to Classifying Crimes David A. Martin* I. INTRODUCTION AND BACKGROUND: THE IMPORTANCE OF CHEVRON.................2 II. PROCEDURES IN REFERRAL CASES .........................................5 III. SUBSTANTIVE SOUNDNESS: THE DEFICIENCIES OF THE ATTORNEY GENERAL'S SLVA-TREVINO DECISION ..............9..............9 A. THE EARLY COURSE OF THE CASE ................... ....................9 B. THE CASE ON REFERRAL TO THE ATTORNEY GENERAL .. .............. 10 C. THE SHORTCOMINGS OF THE DECISION ............................. 12 IV. CONCLUSION ............................................................... 17 Alberto Gonzales and Patrick Glen have provided a major service in their comprehensive summary and analysis of those decisions in the immigration field rendered personally by Attorneys General over more than seven decades.1 The basic Attorney General review procedure, created by regulation, is known (or actually little known) as referral. It allows this Cabinet-level official to serve, on selected occasions, as the highest administrative tribunal in formal removal proceedings, usually after a ruling by the Board of Immigration Appeals (BIA). Although I will take issue with * Warner-Booker Distinguished Professor of International Law Emeritus, University of Virginia. The author served, on leave from the University, as General Counsel of the Immigration and Naturalization Service from 1995 to 1998 and as Principal Deputy General Counsel of the Department of Homeland Security, 2oo9 through 2oo. The views expressed here are the author's own and do not represent the views of his fonner agencies or the U.S. government. 1. Alberto R. Gonzales & Patrick Glen, Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority, 101 IOWA L. REV. 841 (2016). Both authors have considerable experience in the Department of Justice, and Dean Gonzales, of course, was the steward of the referral power during his tenure as Attorney General of the United States. 2. 8 C.F.R. § ioo3.1(h) (2015).

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