Chevron's Fall Allows Noncitizens to Clear Immigration Penalties

The Supreme Court's decision to overturn the Chevron doctrine has left its mark on another area of law - immigration.

The U.S. Court of Appeals for the Fourth Circuit issued a ruling that automatically nullifies any immigration penalties attached to a noncitizen's criminal conviction if it is thrown out.

This means that noncitizens facing deportation due to a prior conviction can now ask prosecutors for a joint motion to vacate their old conviction, and if granted, they will not be considered ineligible to stay in the U.S. or gain citizenship.

Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, notes that this ruling is a direct result of the end of the Chevron doctrine.