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DE NIZ ROBLES v. LYNCH

No. 14-9568.

803 F.3d 1165 (2015)

Alfonzo DE NIZ ROBLES, Petitioner, v. LorettA E. LYNCH, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

October 20, 2015.

Attorney(s) appearing for the Case

Laura L. Lichter ( Mark Robert Barr on the briefs) of Lichter Immigration, Denver, CO, for Petitioner.

Jesse M. Bless , Trial Attorney, Office of Immigration Litigation ( Joyce R. Branda , Acting Assistant Attorney General, Civil Division and Anthony C. Payne , Senior Litigation Counsel, Office of Immigration Litigation) of the United States Department of Justice, Washington, D.C., for Respondent.

Before TYMKOVICH, Chief Judge, GORSUCH and HOLMES, Circuit Judges.

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...

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