Kosak v. Dir BCIS
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
In this case we review the Board of Immigration Appeals’ construction of Section 203(a)(4) of the Immigration and Nationality Act, which grants a visa preference to “[qualified immigrants who are the brothers or sisters of citizens of the United States.” 8 U.S.C. § 1153(a)(4). The question presented is whether the District Court erred in according Chevron deference to the BIA’s decision that adopted children may not invoke this preference in favor of their biological siblings. We hold that it did not.
I
Appellant Wan-Swin Kosak, a native of Taiwan,…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Watt v. AlaskaSupreme Court of the United States · 1981
- United States v. ShimerSupreme Court of the United States · 1961
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3Cited by1 opinion
- Khalil v. NapolitanoDistrict Court, D. New Jersey · 2013