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CHOWDHURY v. ASHCROFT

Nos. 99-4256, 00-1751.

241 F.3d 848 (2001)

Md. Ifthekar CHOWDHURY, Petitioner-Appellant, v. John ASHCROFT, Attorney General, and U.S. Immigration and Naturalization Service, Respondents-Appellees. Md. Ifthekar CHOWDHURY, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2001.

Attorney(s) appearing for the Case

Mary L. Sfasciotti (argued), Chicago, IL, for Chowdhury.

Papu Sandhu (argued), Dept. of Justice, Crim. Div., Immigration Litigation, Washington, DC, for Janet Reno, Attorney General of the United States and Immigration and Naturalization Service in No. 99-4256.

Janet Reno, U.S. Atty., Washington, DC, Samuel Der-Yeghiayan, Immigration & Naturalization Service, Chicago, IL, Papu Sandhu, Dept. of Justice, Civ. Div., Immigration Litigation, Washington, DC, for Immigration and Naturalization Service in No. 99-1751.

Before POSNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

The Immigration and Naturalization Service ("INS") is given great discretion to interpret its own regulations, including regulations limiting the number of motions to reopen proceedings that can be filed by an alien who faces deportation (or removal, as it is now termed). Nonetheless, that discretion must be exercised consistently with the regulations the Board of Immigration Appeals ("the Board") itself has issued. In this case we find...

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