Kasbati v. District Director of Immigration & Naturalization Service

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Abdul Kasbati (“Kasbati”) has petitioned this court for a writ of habeas corpus. 1 For the reasons set forth below, his petition is denied.

I. Standard of Review

Kasbati challenges the Immigration and Naturalization Service’s (“INS”) construction of the Immigration and Nationality Act (“INA”), as amended by the Immigration and Reform Control Act of 1986 (“IRCA”). In construing a statute, this Court must abide by statutory intent. However, if a statute is silent on its proper construction, or contains an ambiguity, this Court must defer…