In Gonzales v.Reno the court chose to uphold the INS right to make a policy decision in the absence of Congressional direction.They did make known that they "are not untroubled by the degree of obedience that the INS appears to give to the wishes of parents,especially parents who are outside of this country's jurisdiction." The court also showed concern with the INS policy of not considering the communist-totalitarian state to itself justify the consideration of Elian's asylum petition.Ultimately,however,the court found the INS decision not to be unreasonable.Do you believe it is possible for an administrative agency to be able to make fair and constitutionally defendable alternative decisions based on varying fact situations on a case-by-case basis,or must a single,fairly rigid policy be utilized?
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