Review the case of Elin Gonzlez, a 6-year-old Cuban child who was the sole survivor of a

Review the case of Elián González, a 6-year-old Cuban child who was the sole survivor of a raft carrying 12 people from Cuba. After he arrived in Florida, the Immigration and Naturalization Service (INS) received an application for asylum filed by a representative of Elián's. The representative was not a parent. In utilizing its discretion, the INS decided that unaccompanied minors arriving from Cuba must seek asylum through their parents. The INS Commission ultimately rejected Elián's asylum application.

Review González v. Reno, and answer the following questions:

1. What broad category of discretion do you think the INS was exercising?
2. The Court, as well as the textbook, discussed a case titled Chevron. Briefly describe the Chevron Doctrine and its impact upon the Court's decision.
3. Do you think the 11th Circuit could properly have overruled the INS? Why or why not?

Answer rating: 100% (QA)

The INS was exercising its prosecutorial discretion in the case of Elin Gonzlez Prosecutorial discre... View the full answer