Tuan Anh Nguyen v. Immigration & Naturalization Service

533 U.S. 53, 121 S. Ct. 2053, 150 L. Ed. 2d 115, 2001 U.S. LEXIS 4340
CourtSupreme Court of the United States
DecidedJune 11, 2001
Docket99-2071
StatusPublished
Cited by222 cases

This text of 533 U.S. 53 (Tuan Anh Nguyen v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tuan Anh Nguyen v. Immigration & Naturalization Service, 533 U.S. 53, 121 S. Ct. 2053, 150 L. Ed. 2d 115, 2001 U.S. LEXIS 4340 (2001).

Opinions

Justice Kennedy

delivered the opinion of the Court.

This case presents a question not resolved by a majority of the Court in a case before us three Terms ago. See Miller v. Albright, 523 U. S. 420 (1998). Title 8 U. S. C. § 1409 governs the acquisition of United States citizenship by persons born to one United States citizen parent and one noncitizen parent when the parents are unmarried and the child is born outside of the United States or its possessions. The statute imposes different requirements for the child’s acquisition of citizenship depending upon whether the citizen parent is [57]*57the mother or the father. The question before us is whether the statutory distinction is consistent with the equal protection guarantee embedded in the Due Process Clause of the Fifth Amendment.

I

Petitioner Tuan Anh Nguyen was born in Saigon, Vietnam, on September 11, 1969, to copetitioner Joseph Boulais and a Vietnamese citizen. Boulais and Nguyen’s mother were not married. Boulais always has been a citizen of the United States, and he was in Vietnam under the employ of a corporation. After he and Nguyen’s mother ended their relationship, Nguyen lived for a time with the family of Boulais’ new Vietnamese girlfriend. In June 1975, Nguyen, then almost six years of age, came to the United States. He became a lawful permanent resident and was raised in Texas by Boulais.

In 1992, when Nguyen was 22, he pleaded guilty in a Texas state court to two counts of sexual assault on a child. He was sentenced to eight years in prison on each count. Three years later, the United States Immigration and Naturalization Service (INS) initiated deportation proceedings against Nguyen as an alien who had been convicted of two crimes involving moral turpitude, as well as an aggravated felony. See 8 U. S. C. §§ 1227(a)(2)(A)(ii) and (iii) (1994 ed., Supp. IV). Though later he would change his position and argue he was a United States citizen, Nguyen testified at his deportation hearing that he was a citizen of Vietnam. The Immigration Judge found him deportable.

Nguyen appealed to the Board of Immigration Appeals and, in 1998, while the matter was pending, his father obtained an order of parentage from a state court, based on DNA testing. By this time, Nguyen was 28 years old. The Board dismissed Nguyen’s appeal, rejecting his claim to United States citizenship because he had failed to establish compliance with 8 U. S. C. § 1409(a), which sets forth the re[58]*58quirements for one who was born out of wedlock and abroad to a citizen father and a noncitizen mother.

Nguyen and Boulais appealed to the Court of Appeals for the Fifth Circuit, arguing that § 1409 violates equal protection by providing different rules for attainment of citizenship by children born abroad and out of wedlock depending upon whether the one parent with American citizenship is the mother or the father. The court rejected the constitutional challenge to § 1409(a). 208 F. 3d 528, 535 (2000).

The constitutionality of the distinction between unwed fathers and mothers was argued in Miller, but a majority of the Court did not resolve the issue. Four Justices, in two different opinions, rejected the challenge to the gender-based distinction, two finding the statute consistent with the Fifth Amendment, see 523 U. S., at 423 (opinion of Stevens, J., joined by Rehnquist, C. J.), and two concluding that the court could not confer citizenship as a remedy even if the statute violated equal protection, see id., at 452 (Scalia, J., joined by Thomas, J., concurring in judgment). Three Justices reached a contrary result, and would have found the statute violative of equal protection. Id., at 460 (Ginsburg, J., joined by Souter and Breyer, JJ., dissenting); id., at 471 (Breyer, J., joined by Souter and Gins-BURG, JJ., dissenting). Finally, two Justices did not reach the issue as to the father, having determined that the child, the only petitioner in Miller, lacked standing to raise the equal protection rights of his father. Id., at 445 (O’Connor, J., joined by Kennedy, J., concurring in judgment).

Since Miller, the Courts of Appeal have divided over the constitutionality of §1409. Compare 208 F. 3d 528 (CA5 2000) (case below) with Lake v. Reno, 226 F. 3d 141 (CA2 2000), and United States v. Ahumada-Aguilar, 189 F. 3d 1121 (CA9 1999). We granted certiorari to resolve the conflict. 530 U. S. 1305 (2000). The father is before the Court in this case; and, as all agree he has standing to raise the constitutional claim, we now resolve it. We hold that § 1409(a) [59]*59is consistent with the constitutional guarantee of equal protection.

II

The general requirement for acquisition of citizenship by a child born outside the United States and its outlying possessions and to parents who are married, one of whom is a citizen and the other of whom is an alien, is set forth in 8 U. S. C. § 1401(g). The statute provides that the child is also a citizen if, before the birth, the citizen parent had been physically present in the United States for a total of five years, at least two of which were after the parent turned 14 years of age.

As to an individual born under the same circumstances, save that the parents are unwed, § 1409(a) sets forth the following requirements where the father is the citizen parent and the mother is an alien:

"(1) a blood relationship between the person and the father is established by clear and convincing evidence,
“(2) the father had the nationality of the United States at the time of the person’s birth,
“(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
“(4) while the person is under the age of 18 years—
“(A) the person is legitimated under the law of the person’s residence or domicile,
“(B) the father acknowledges paternity of the person in writing under oath, or
“(C) the paternity of the person is established by adjudication of a competent court.”

In addition, § 1409(a) incorporates by reference, as to the citizen parent, the residency requirement of § 1401(g).

When the citizen parent of the child born abroad and out of wedlock is the child’s mother, the requirements for the transmittal-of citizenship are described in § 1409(c):

[60]*60“(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.”

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Bluebook (online)
533 U.S. 53, 121 S. Ct. 2053, 150 L. Ed. 2d 115, 2001 U.S. LEXIS 4340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuan-anh-nguyen-v-immigration-naturalization-service-scotus-2001.