Jose Chavez-Alvarez v. Attorney General United State

OPINION OF THE COURT

AMBRO, Circuit Judge

Petitioner Jose Juan Chavez-Alvarez appears before us again, this time challenging a second decision of the Board of Immigration Appeals (“BIA”) that he be removed, among other things, for committing sodomy while serving in the United States Army. In the simplest of terms, the BIA reasoned that the President— through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition of those crimes himself. He cannot, as the latter is a power reserved to Congress. We therefore grant the petition…