Brownell v. Carija

The Carija family (plaintiffs) were natives and citizens of Yugoslavia who entered the United States on nonimmigrant visas for travel to and through the United States. The Carijas had passports issued from the consular of Paraguay and were en route to Paraguay when they entered the United States. The Carijas admitted in their pretrial statement that at the time of their entry into the United States, they desired to remain in the country permanently if they were permitted to do so. The Carijas thus had the dual intent to transit across the United States to another country and to remain in the United States, if possible. While in the United States, the Carijas learned that Paraguay had become unsuitable for family domicile, and the country later erupted into rebellion. The Carijas stayed in the United States beyond the period allowed by their visas. The Immigration and Nationalization Service instituted deportation proceedings against the Carijas. The Carijas applied for adjustment to their resident status. The attorney general denied an adjustment of status based on the Carijas’ intent to stay in the United States permanently upon their arrival. The Carijas filed a complaint in district court. The district court granted summary judgment for the Carijas. The attorney general appealed, and the case ended up before the District of Columbia Circuit.