Legal Opinion · Dissent
Ruta Marie Kahn v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided March 25, 1994No. 91-70544Published
1DissentKozinski, Circuit Judge
According to the majority, the INS errs as a matter of law when it treats aliens who are actually married under the law of their domicile differently from those Who ' are not. Such reliance on state law, the majority holds, is inconsistent with uniform federal application of the immigration laws, is not rationally related to the purposes of the Immigration and Nationality Act and is therefore not a permissible interpretation of that statute.
With this conclusion, I respectfully disagree. Because federal law virtually always relies on state law to define personal and family relationships, the…
2Cases cited29 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Poe v. SeabornSupreme Court of the United States · 1930
- Equal Employment Opportunity Commission v. Commercial Office Products Co.Supreme Court of the United States · 1988
- Califano v. JobstSupreme Court of the United States · 1977
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