Immigration · Primary-source case analysis

Aguirre-Aguirre: The BIA Must Receive Chevron Deference on the Serious-Crime Bar

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

INS v. Aguirre-Aguirre addressed withholding eligibility after politically motivated violence abroad.

The applicant described violent protest activity

He admitted burning buses, assaulting passengers, and vandalizing property during protests in Guatemala.

The statute bars certain serious nonpolitical crimes

Withholding is unavailable when there are serious reasons to believe the applicant committed a serious nonpolitical crime before entering the United States.

The agency’s interpretation deserved deference

The court of appeals erred by substituting its own framework without applying ordinary deference to the BIA’s reasonable construction.

The Ninth Circuit judgment was reversed

The Supreme Court returned the case for review centered on the agency decision and the statutory bar.

Key takeaways

• Develop the acts, targets, harm, and political objective.
• Analyze proportionality between violence and political purpose.
• Address the BIA’s governing interpretation directly.
• Separate asylum discretion from mandatory withholding bars.