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GUTIERREZ-BRIZUELA v. LYNCH

No. 14-9585.

834 F.3d 1142 (2016)

Hugo Rosario GUTIERREZ-BRIZUELA, Petitioner, v. Loretta E. LYNCH, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

August 23, 2016.

Attorney(s) appearing for the Case

Timothy Lee Cook, Law Office of Timothy L. Cook, Oklahoma City, Oklahoma, for Petitioner.

Monica Antoun, Trial Attorney, Office of Immigration Litigation (Benjamin C. Mizer, Principal Deputy, Assistant Attorney General, and Joyce R. Branda, Acting Assistant Attorney General, Civil Division, and Jennifer P. Levings, Senior Litigation Counsel, and Shelley R. Goad, Assistant Director, Office of Immigration Litigation, with her on the briefs) of the United States Department of Justice, Washington, D.C., for Respondent.

Before GORSUCH, McKAY, and BACHARACH, Circuit Judges.

We recently confronted the thorny problem what to do when an executive agency, exercising delegated legislative authority, seeks to overrule a judicial precedent interpreting a congressional statute. In our constitutional history, after all, judicial declarations of what the law is haven't often...

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