620 F.2d 214 (9th Cir. 1980), 78-1714, Kaliski v. District Director of Immigration and Naturalization Service

Docket Nº78-1714.
Citation620 F.2d 214
Party NameVasa KALISKI, Petitioner-Appellee, v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.
Case DateMay 30, 1980
CourtUnited States Courts of Appeals, United States Court of Appeals (9th Circuit)

Page 214

620 F.2d 214 (9th Cir. 1980)

Vasa KALISKI, Petitioner-Appellee,

v.

DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION SERVICE,

Respondent-Appellant.

No. 78-1714.

United States Court of Appeals, Ninth Circuit

May 30, 1980

Page 215

Dzintra I. Janavs, Asst. U. S. Atty., Los Angeles, Cal., for respondent-appellant.

William Lew Tan, Los Angeles, Cal., argued for petitioner-appellee; Hiram W. Kwan, Los Angeles, Cal., on brief.

Appeal from the United States District Court for the Central District of California.

Before KENNEDY and SCHROEDER, Circuit Judges, and SOLOMON, [*] District Judge.

SOLOMON, District Judge.

The Immigration and Naturalization Service (INS) appeals from the judgment of the district court approving a preferential visa petition filed by appellee Vasa Kaliski on behalf of his son Milivoj who was born out of wedlock in Yugoslavia in 1934. We affirm.

In January 1973, Kaliski filed a petition for a preferential immigrant visa for his son. INS rejected the petition because Milivoj was born out of wedlock, and because there was no evidence that he was legitimated under Yugoslav law before his eighteenth birthday as required by the Immigration and Nationality Act (Act), 8 U.S.C. § 1101 et seq. The Board of Immigration Appeals (Board) affirmed the rejection. The district court, on a petition for review, reversed the decision of the INS on the ground that Milivoj was legitimated under California law before his eighteenth birthday.

Section 201 of the Act, 8 U.S.C. § 1151, sets a quota on the number of immigrant visas allowed for each fiscal year. Within the quota are seven categories of persons entitled to preferential treatment. One such preference is for "qualified immigrants who are the married sons or married daughters of citizens of the United States." 8 U.S.C. § 1153(a)(4).

To qualify as a married son or daughter, an immigrant must have qualified as a "child" under 8 U.S.C. § 1101(b)(1)(C). Nazareno v. Attorney General, 512 F.2d 936 (2nd Cir.), cert. denied, 423 U.S. 832, 96 S.Ct. 53, 46 L.Ed.2d 49 (1975). A "child" is defined as:

(1) . . . an unmarried person under twenty-one years of age who is

(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation.

8 U.S.C. § 1101(b)(1)(C).

There are three issues presented here: (1) Was California law applicable in this case when neither Kaliski nor his son had any contact with California before the son's eighteenth birthday? (2) Was...

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26 practice notes
  • 657 F.Supp. 154 (D.D.C. 1987), Civ. A. 86-1129, Lindenberg v. United States Dept. of Justice, I.N.S.
    • United States
    • Federal Cases United States District Courts United States District Court (Columbia)
    • March 11, 1987
    ...aff'd, 762 F.2d 1077 (D.C.Cir.1985). Errors of law by INS may invalidate the agency decision. Kaliski v. District Director, INS, 620 F.2d 214, 216 (9th Cir.1980). Moreover, the discretion of the INS must not be abused, "i.e., be without rational explanation, depart without rational exp......
  • 722 F.2d 893 (1st Cir. 1983), 83-1135, North American Industries, Inc. v. Feldman
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (1st Circuit)
    • December 5, 1983
    ...678 F.2d 123, 125 (10th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 726, 74 L.Ed.2d 952 (1983); Kaliski v. District Director of INS, 620 F.2d 214, 216 n. 1 (9th Cir.1980). However, it is also true that federal courts may engage in a plenary review of questions of law, including questi......
  • 288 F.Supp.3d 1045 (W.D.Wash. 2017), C17-0178JLR, Doe v. Trump
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Western District of Washington)
    • December 23, 2017
    ...with its "humane purpose...to reunite families." Kaliski v. Dist. Dir. of Immigration & Naturalization Serv., 620 F.2d 214, 217 (9th Cir. 1980). In Hawaii I, the Ninth Circuit concluded that, because a preliminary injunction of EO-2 would serve the for......
  • 678 F.2d 123 (10th Cir. 1982), 80-2072, Mila v. District Director of Denver, Colorado Dist. of Immigration and Naturalization Service, United States Dept. of Justice
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (10th Circuit)
    • April 19, 1982
    ...it bases its decision upon an improper understanding of the law. Kaliski v. District Director of Immigration and Naturalization Service, 620 F.2d 214, 216 n.1 (9th Cir. 1980). The Supreme Court has recognized that the construction of a statute by those charged with its administration is ent......
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26 cases
  • 657 F.Supp. 154 (D.D.C. 1987), Civ. A. 86-1129, Lindenberg v. United States Dept. of Justice, I.N.S.
    • United States
    • Federal Cases United States District Courts United States District Court (Columbia)
    • March 11, 1987
    ...aff'd, 762 F.2d 1077 (D.C.Cir.1985). Errors of law by INS may invalidate the agency decision. Kaliski v. District Director, INS, 620 F.2d 214, 216 (9th Cir.1980). Moreover, the discretion of the INS must not be abused, "i.e., be without rational explanation, depart without rational exp......
  • 722 F.2d 893 (1st Cir. 1983), 83-1135, North American Industries, Inc. v. Feldman
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (1st Circuit)
    • December 5, 1983
    ...678 F.2d 123, 125 (10th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 726, 74 L.Ed.2d 952 (1983); Kaliski v. District Director of INS, 620 F.2d 214, 216 n. 1 (9th Cir.1980). However, it is also true that federal courts may engage in a plenary review of questions of law, including questi......
  • 288 F.Supp.3d 1045 (W.D.Wash. 2017), C17-0178JLR, Doe v. Trump
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Western District of Washington)
    • December 23, 2017
    ...with its "humane purpose...to reunite families." Kaliski v. Dist. Dir. of Immigration & Naturalization Serv., 620 F.2d 214, 217 (9th Cir. 1980). In Hawaii I, the Ninth Circuit concluded that, because a preliminary injunction of EO-2 would serve the for......
  • 632 F.Supp. 1546 (W.D.N.C. 1986), C-C-84-0593, Sanchez-Trujillo v. I.N.S. of United States Dept. of Justice
    • United States
    • Federal Cases United States District Courts 4th Circuit Western District of North Carolina
    • April 21, 1986
    ...decision is based on an improper understanding of the law." Kaliski v. District Director of Immigration and Naturalization Service, 620 F.2d 214, 216 n. 1 (9th (3) The Immigration and Naturalization Act provides that second preference for the availability of immigrant visas shall be gi......
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