This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.
David A. Luigs,
The Single-Scheme Exception to Criminal Deportations and the Case for Chevron's Step Two,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol93/iss5/7