JUDICIAL REVIEW - DEFERENCE - NO CHEVRON DEFERENCE IS DUE WHERE BIA DID NOT INTERPRET A STATUTE BUT MERELY PROVIDED A "GUIDE" TO LATER INTERPRETATION

Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. Oct. 17. 2008) (en banc) (court of appeals owes no Chevron deference to BIA decision where it did not interpret a statute, but merely provided a "guide" to later interpretation).

jurisdiction:

Ninth Circuit