Nguyen v. Holder

Petitioner, a citizen of Vietnam, was married in New York to Vu Truong, a naturalized American citizen. Petitioner was later granted the status of a conditional permanent resident in the United States on the basis of her marriage. It was subsequently discovered that Petitioner’s mother was Vu Truong’s half—sister, and Petitioner was his half-niece. An immigration judge ordered Petitioner removed from the United States on the ground that her purported marriage was void. The Board of Immigration Appeals affirmed. On review, the United States Court of Appeals for the Second Circuit asked the New York Court of Appeals whether the marriage in this case, where the husband was the half-brother of the wife’s mother, was void as incestuous under N.Y. Dom. Rel. Law 5(3). The Court of Appeals held that a marriage between a half-uncle and half-niece is not void as incestuous under section 5(3). View "Nguyen v. Holder" on Justia Law