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ZHU v. I.N.S.

No. CIV.02-00685(RMC).

300 F.Supp.2d 77 (2004)

Zhouquin ZHU, et al., Plaintiffs, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants.

United States District Court, District of Columbia.

January 28, 2004.

Attorney(s) appearing for the Case

Frederic W. Schwartz, Jr., Law Office of Frederic Schwartz, Washington, DC, for Plaintiffs.

Edith M. Shine, Joseph A. Pixley, U.S. Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

COLLYER, District Judge.

This case presents the Court with a question of pure statutory construction. Does Congress confer discretion upon a federal official when it says that he "may" act as he "deems," but does not specify, as it does elsewhere in the same statute, that he can act "at his discretion"?

The statute in question is the Immigration and Naturalization Act, 8 U.S.C. § 1101 et seq. The official in question...

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