Izuchukwu Ozurumba v. Pamela Bondi

4th CircuitSep 2, 2025

Split Score

SplitScore: 51/100

Case Summary

Disposition

Vacated

The Fourth Circuit granted Nigerian petitioner Izuchukwu Ozurumba’s petition for review, holding that preparing thousands of meals for the leaders of the ‘Unknown Gunmen’ did not constitute “material support” under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI). Because the Board of Immigration Appeals applied the material-support bar erroneously, the court vacated the removal order and remanded for further proceedings.

Circuit Split Identified

Legal Issue

Whether prior circuit precedents that relied on Chevron deference remain binding after the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo.

Circuit Positions

6th Circuit

Pre-Loper Bright Chevron-based statutory holdings are no longer binding; courts may revisit the statutory meaning.

9th Circuit

Chevron-based statutory holdings retain precedential force under statutory stare decisis and remain binding.

4th Circuit(this circuit)

Question left open; no definitive position taken.

Conflict Summary

Post-Loper Bright, circuits disagree on the stare-decisis effect of earlier decisions that upheld agency interpretations under Chevron. The Sixth Circuit has held that such precedents are no longer binding beyond the particular agency action affirmed, while the Ninth Circuit treats the underlying statutory interpretations as still controlling. The Fourth Circuit in this opinion acknowledges the disagreement and expressly leaves the question open for a future case.

Parties & Counsel

Parties

Appellant:Izuchukwu Ozurumba
Appellee:Pamela Jo Bondi, Attorney General

Legal Counsel

Appellant:Covington & Burling LLP
Appellee:United States Department of Justice, Office of Immigration Litigation

Opinion Document