Kelly K. Persaud v. Immigration and Naturalization Service

OPINION OF THE COURT

WEIS, Circuit Judge.

A variation on the problem of prosecutorial discretion underlies this appeal from a deportation order. The Immigration and Naturalization Service filed two charges against an alien, each based on the same misrepresentation. On the more serious of the charges, a statutory forgiveness provision may be available but the Service refused to consider it, maintaining that the relief was not applicable to the other charge, a lesser included offense. We conclude that the Immigration Service was led into error by an unduly restrictive reading of Reid v. INS, 420…