United States Seventh Circuit

The following analysis should be used to assess when the INS's failure to adhere to its own administrative regime results in invalidation of the agency's action: (1) the regulation in question must serve a "purpose of benefit to the alien;" (2) if it does, the regulatory violation renders the proceeding unlawful only if it prejudiced interests of the alien protected by the regulation.

Appellate Information

• Argued 02/07/2002
• Decided 03/05/2002
• Published 03/05/2002

Judges

• FLAUM, Chief Judge., Before FLAUM, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James Hallagan (argued), Minsky, McComrmick & Hallagan, Chicago, IL, for petitioner.


• For Appellees:
  
• Jennifer Giambastiani, Immigration & Naturalization Service, Chicago, IL, Lisa Arnold, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for respondent.