De Niz Robles v. Lynch

GORSUCH, Circuit Judge.

In our constitutional order legislative enactments normally apply only prospectively while judicial decisions also bear retroactive application. But what’s the rule when an executive agency exercises delegated legislative policymaking authority in what looks like a judicial proceeding? That’s the peculiar question posed by this case. It comes to us this way. Buried deep in our immigration laws lie these two provisions: 8 U.S.C. §§ 1255(i)(2)(A) and 1182(a)(9)(C)(i)(I). Enacted first, § 1255(i) grants the Attorney General discretion to “adjust the status” of those who…