Court of Appeals for the Fifth Circuit September 27, 2012, 11-60550 (Wilmer Garcia Carias v. Eric Holder, Jr.)

DeMOSS, Circuit Judge,

dissenting:

The majority holds that the “departure bar,” a decades-old regulation currently codified at 8 C.F.R. §§ 1003.23(b)(1) and 1003.2(d), is invalid under step one of the Chevron analysis. For the reasons set forth by former Chief Judge Williams of the Fourth Circuit in her thorough and well-stated dissenting opinion in William v. Gonzales, 499 F.