Immigration and Naturalization Service v. Yueh-shaio Yang (519 U.S. 26)
U.S. Supreme Court · decided November 13, 1996 · Supreme Court Database (Spaeth)
- Citation
- 519 U.S. 26 · 117 S. Ct. 350
- Decided
- November 13, 1996
- Term
- October Term 1996
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. This case presents the question whether the Attorney General, when deciding whether to grant a discretionary waiver of deportation under the applicable provision of the Immigration and Nationality Act (INA), 95 Stat. 1616, as amended, 8 U. S. C. § 1251(a)(1)(H), may take into account acts of fraud committed by the alien in connection with his entry into the United States. ' Respondent Yueh-Shaio Yang and his wife, Hai-Hsia Yang, were born and married in the People’s Republic of China, and subsequently moved to Taiwan. In order to gain entry to the United States, they executed the following scheme: After divorcing respondent in Taiwan, Hai-Hsia traveled to the United States in 1978 and, using $60,000 provided by respondent, obtained a fraudulent birth certificate and passport in the name of Mary Wong, a United States citizen. Respondent then remarried Hai-Hsia in Taiwan under her false identity and fraudulently obtained an immigrant visa to enter the United States as the spouse of a United States citizen. In 1982, four years after his fraudulent entry, respondent submitted an application for naturalization, which fraudulently stated that his wife “Mary” was a United States citizen by birth and that respondent had been lawfully admitted for permanent residence. In 1985, while respondent’s naturalization application was still…
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