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- Nguyen_v._INS abstract "Nguyen v. INS, 533 U.S. 53 (2001), was a United States Supreme Court case in which the Court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, to an American parent. The Court declined to overturn a more restrictive citizenship requirement applying to an illegitimate foreign-born child of an American father, as opposed to a child born to an American mother under similar circumstances.Section 309 of the Immigration and Nationality Act of 1952 as amended (codified as section 1409 of Title 8 of the United States Code) deals with U.S. citizenship for children born outside the U.S., out of wedlock, to an American parent. If a child is born abroad, out of wedlock, to an American mother, the child automatically acquires U.S. citizenship at birth, provided the mother had \"previously been physically present in the United States or one of its outlying possessions for a continuous period of one year\". An illegitimate foreign-born child of an American father and an alien mother, on the other hand, is recognized as a U.S. citizen only if a much more complex and stringent set of conditions are met: the father's paternity must be convincingly established prior to the child's 18th birthday, and the father must also agree in writing to provide financial support to the child until he or she reaches age 18.Tuan Anh Nguyen was born in Vietnam to an American father and a Vietnamese mother who were not married. He moved to the United States with his father and became a legal permanent resident of the U.S. at age six, but his father did not attempt to establish any claim of U.S. citizenship for the boy. At age 22, Nguyen pleaded guilty to sexual assault; this made him subject to deportation based on his criminal record.Nguyen's father obtained evidence of parentage in an attempt to have his son recognized as a U.S. citizen, but his efforts were rejected by the Immigration and Naturalization Service (INS) because 8 U.S.C. § 1409 required any such evidence to have been presented before the child's 18th birthday. Nguyen—together with his father—mounted a court challenge to the law, claiming that 8 U.S.C. § 1409 was unconstitutionally discriminatory because it imposed stricter requirements for a foreign-born illegitimate child of an American father than would have applied if his American parent had been his mother.The Supreme Court rejected Nguyen's arguments and upheld the law denying him citizenship, holding by a 5–4 majority that 8 U.S.C. § 1409 was consistent with the Equal Protection Clause of the Fifth Amendment to the Constitution. In the opinion of the Court (written by Associate Justice Anthony Kennedy), the Court ruled that although the statute was discriminatory, \"it serve[d] important governmental objectives and that the discriminatory means employed [were] substantially related to the achievement of those objectives\". The Court found that Congress' decision to impose different requirements on unmarried fathers and unmarried mothers was \"based on the significant difference between their respective relationships to the potential citizen at the time of birth\". First, the Court noted that whereas a mother's biological relationship to her child is easily verified and documented, the same cannot be said of the father. Second, the Court concluded that the law was designed \"to ensure that the child and citizen parent have some demonstrated opportunity to develop... a relationship... that consists of the real, everyday ties that provide a connection between child and citizen parent and, in turn, the United States\"—something that was inherent in the case of an American mother and her child, but not inevitable in the case of a single father.Even though Nguyen's father had submitted DNA evidence proving the father-son relationship, the Court noted that \"scientific proof of biological paternity does nothing, by itself, to ensure contact between father and child during the child's minority\". In the end, the Court held that Congress was \"well within its authority in refusing, absent proof of at least the opportunity for the development of a relationship between citizen parent and child, to commit this country to embracing a child as a citizen\".A concurring opinion by Associate Justices Antonin Scalia and Clarence Thomas proposed that the Supreme Court simply did not have the power of \"conferral of citizenship on a basis other than that prescribed by Congress\". The dissent (written by Associate Justice Sandra Day O'Connor) concluded that the INS \"[had] not shown an exceedingly persuasive justification for the sex-based classification... because it [had] failed to establish at least that the classification substantially relate[d] to the achievement of important government objectives\", and on that basis the minority would have ruled in Nguyen's favor.An earlier case, Miller v. Albright, 523 U.S. 420 (1998), suggested a similar conclusion to that given in Nguyen v. INS, but had failed to support it by a clear majority.After the Supreme Court decision, the INS attempted to deport Nguyen, but was unsuccessful because of a Vietnamese government policy barring the repatriation of convicts from the United States.Nguyen and his father sought to reopen the deportation proceedings, and when this effort was unsuccessful, appealed to the courts again, claiming that the refusal by the Board of Immigration Appeals to reopen Nguyen's case deprived him of due process of law and denied the father's right to enjoy his son's companionship. This appeal was rejected by the Fifth Circuit Court of Appeals in 2005.".
- Nguyen_v._INS wikiPageExternalLink 53.
- Nguyen_v._INS wikiPageID "14212265".
- Nguyen_v._INS wikiPageLength "9832".
- Nguyen_v._INS wikiPageOutDegree "31".
- Nguyen_v._INS wikiPageRevisionID "656548626".
- Nguyen_v._INS wikiPageWikiLink Anthony_Kennedy.
- Nguyen_v._INS wikiPageWikiLink Antonin_Scalia.
- Nguyen_v._INS wikiPageWikiLink Birthright_citizenship_in_the_United_States.
- Nguyen_v._INS wikiPageWikiLink Board_of_Immigration_Appeals.
- Nguyen_v._INS wikiPageWikiLink Category:2001_in_United_States_case_law.
- Nguyen_v._INS wikiPageWikiLink Category:United_States_Citizenship_Clause_case_law.
- Nguyen_v._INS wikiPageWikiLink Category:United_States_Supreme_Court_cases.
- Nguyen_v._INS wikiPageWikiLink Category:United_States_Supreme_Court_cases_of_the_Rehnquist_Court.
- Nguyen_v._INS wikiPageWikiLink Clarence_Thomas.
- Nguyen_v._INS wikiPageWikiLink DNA.
- Nguyen_v._INS wikiPageWikiLink Deportation.
- Nguyen_v._INS wikiPageWikiLink Due_process.
- Nguyen_v._INS wikiPageWikiLink Equal_Protection_Clause.
- Nguyen_v._INS wikiPageWikiLink Fifth_Amendment_to_the_United_States_Constitution.
- Nguyen_v._INS wikiPageWikiLink Habeas_corpus.
- Nguyen_v._INS wikiPageWikiLink Holding_(law).
- Nguyen_v._INS wikiPageWikiLink Immigration_and_Nationality_Act_of_1952.
- Nguyen_v._INS wikiPageWikiLink Immigration_and_Naturalization_Service.
- Nguyen_v._INS wikiPageWikiLink Legitimacy_(family_law).
- Nguyen_v._INS wikiPageWikiLink Miller_v._Albright.
- Nguyen_v._INS wikiPageWikiLink Permanent_residency.
- Nguyen_v._INS wikiPageWikiLink Sandra_Day_OConnor.
- Nguyen_v._INS wikiPageWikiLink Supreme_Court_of_the_United_States.
- Nguyen_v._INS wikiPageWikiLink Title_8_of_the_United_States_Code.
- Nguyen_v._INS wikiPageWikiLink United_States_Court_of_Appeals_for_the_Fifth_Circuit.
- Nguyen_v._INS wikiPageWikiLink Vietnam.
- Nguyen_v._INS wikiPageWikiLinkText "Nguyen v. INS".
- Nguyen_v._INS arguedate "--01-09".
- Nguyen_v._INS argueyear "2001".
- Nguyen_v._INS citation "17280.0".
- Nguyen_v._INS concurrence "Scalia".
- Nguyen_v._INS decidedate "--06-11".
- Nguyen_v._INS decideyear "2001".
- Nguyen_v._INS dissent "O'Connor".
- Nguyen_v._INS fullname "Tuan Anh Nguyen and Joseph Boulais v. Immigration and Naturalization Service".
- Nguyen_v._INS holding "A law providing narrower standards for United States citizenship for a child born abroad out of wedlock to an American father, as opposed to an American mother, was justified by important government interests and did not violate the equal protection guarantee of the Fifth Amendment.".
- Nguyen_v._INS joinconcurrence "Thomas".
- Nguyen_v._INS joindissent "Souter, Ginsburg, Breyer".
- Nguyen_v._INS joinmajority "Rehnquist, Stevens, Scalia, Thomas".
- Nguyen_v._INS lawsapplied "U.S. Const. amend. V; Immigration and Nationality Act of 1952, sec. 309".
- Nguyen_v._INS litigants "Nguyen v. INS".
- Nguyen_v._INS majority "Kennedy".
- Nguyen_v._INS prior "25920.0".
- Nguyen_v._INS scotus "1994".
- Nguyen_v._INS subsequent "25920.0".
- Nguyen_v._INS uspage "53".
- Nguyen_v._INS usvol "533".
- Nguyen_v._INS wikiPageUsesTemplate Template:Cite_web.
- Nguyen_v._INS wikiPageUsesTemplate Template:Expert-subject.
- Nguyen_v._INS wikiPageUsesTemplate Template:Infobox_SCOTUS_case.
- Nguyen_v._INS wikiPageUsesTemplate Template:Reflist.
- Nguyen_v._INS wikiPageUsesTemplate Template:Usc.
- Nguyen_v._INS wikiPageUsesTemplate Template:Ussc.
- Nguyen_v._INS subject Category:2001_in_United_States_case_law.
- Nguyen_v._INS subject Category:United_States_Citizenship_Clause_case_law.
- Nguyen_v._INS subject Category:United_States_Supreme_Court_cases.
- Nguyen_v._INS subject Category:United_States_Supreme_Court_cases_of_the_Rehnquist_Court.
- Nguyen_v._INS type Case.
- Nguyen_v._INS type LegalCase.
- Nguyen_v._INS type SupremeCourtOfTheUnitedStatesCase.
- Nguyen_v._INS type UnitOfWork.
- Nguyen_v._INS type Redirect.
- Nguyen_v._INS type Situation.
- Nguyen_v._INS type Thing.
- Nguyen_v._INS type Q2334719.
- Nguyen_v._INS comment "Nguyen v. INS, 533 U.S. 53 (2001), was a United States Supreme Court case in which the Court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, to an American parent.".
- Nguyen_v._INS label "Nguyen v. INS".
- Nguyen_v._INS sameAs Q7023070.
- Nguyen_v._INS sameAs m.0jwwzzw.
- Nguyen_v._INS sameAs Q7023070.
- Nguyen_v._INS wasDerivedFrom Nguyen_v._INS?oldid=656548626.
- Nguyen_v._INS isPrimaryTopicOf Nguyen_v._INS.
- Nguyen_v._INS name "Tuan Anh Nguyen and Joseph Boulais v. Immigration and Naturalization Service".