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17 Geo. Immigr. L.J. 515 (2002-2003)
The Immigration Rule of Lenity and Chevron Deference

handle is hein.journals/geoimlj17 and id is 525 raw text is: ARTICLES THE IMMIGRATION RULE OF LENITY AND CHEVRON DEFERENCE BRIAN G. SLOCUM* TABLE OF CONTENTS INTRODUCTION ........................................ 516 I. THE IMMIGRATION RULE OF LENITY ..................... 519 A. Supreme Court Creation ........................ 519 B. Scope of the Immigration Rule of Lenity ............. 523 C. Constitutional Status of the Immigration Rule of Lenity . . 525 II. JUDICIAL DEFERENCE TO AGENCY INTERPRETATIONS ............ 528 A. Chevron's Two-Step Doctrine .................... 528 B. Scope of Chevron Deference in Immigration Law ...... 530 C. Constitutional Status of the Chevron Doctrine ......... 535 III. CONFLICT BETWEEN THE IMMIGRATION RULE OF LENITY AND CHEVRON ....................................... 539 IV. COURTS' TREATMENT OF CANONS OF STATUTORY CONSTRUCTION IN THE CHEVRON ANALYSIS ........................... 543 * J.D., Harvard Law School, 1999. The author is currently an attorney in the Criminal Division of the Department of Justice. Formerly, the author was an attorney in the Civil Division, Office of Immigration Litigation. The views expressed in this article are the personal views of the author alone and should not be considered in any way to represent the views of the Department of Justice. In preparing this Article, the author received valuable suggestions, comments and support from Josh Braunstein, Ryan Johnson, Charles Abernathy, Steve Calandrillo and Damon King. The author would especially like to thank Jennifer, whose patience is unsurpassed.

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