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Constitutional Law Keyed to Stone
Nguyen v. Immigration and Naturalization Service
Citation:
533 U.S. 53 (2001)Facts
Tuan Anh Nguyen was born in Saigon, Vietnam in 1969 to Joseph Boulais, a U.S. citizen, and a Vietnamese mother who was not married to Boulais. After his parents’ relationship ended, Nguyen lived with the family of his father’s new Vietnamese girlfriend. In 1975, at nearly six years old, Nguyen came to the United States, became a lawful permanent resident, and was raised in Texas by his father. In 1992, at age 22, Nguyen pleaded guilty to sexual assault on a child and was sentenced to eight years in prison. The INS initiated deportation proceedings against him as an alien convicted of crimes involving moral turpitude and an aggravated felony. In 1998, while his appeal to the Board of Immigration Appeals was pending, Boulais obtained a paternity order based on DNA testing, but by then Nguyen was 28 years old. The Board dismissed Nguyen’s appeal because he had failed to establish compliance with 8 U.S.C. § 1409(a), which requires that children born abroad and out of wedlock to citizen fathers must be legitimated or have paternity acknowledged or adjudicated before age 18, requirements not imposed on children of citizen mothers.
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