Legal Opinion
Kosak v. Devine
District Court, E.D. Pennsylvania
Decided July 12, 2006No. Civil Action 05-00045PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM & ORDER
DuBOIS, District Judge.
I. INTRODUCTION
Plaintiff Wan-Swin Susan Kosak (“Ko-sak”), who was born in Taiwan and adopted by U.S. citizens, seeks to confer preferential immigration status on her biological sibling. In a decision dated December 23, 2005, the Board of Immigration Appeals (BIA) — relying on Matter of Li, 20 I & N Dec. 700 (BIA 1993), and sections 203(a)(4) and 101(b)(1)(E) of the Immigration and Nationality Act (“INA”) — held that Kosak could not do so because her adoption severed her legal relationship with her biological sibling.
The instant suit was filed by Kosak…
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
- Chen Yun Gao v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2002
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3Cited by1 opinion
- Kosak v. Dir BCISCourt of Appeals for the Third Circuit · 2008