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Matter of Mourillon

Board of Immigration Appeals
18 I. & N. Dec. 122 (1981)


Facts

Mourillon, a 52-year-old citizen of the United States, filed a petition to classify the beneficiary, his stepsister, as a sister of a United States citizen under § 203(a)(5) of the Immigration and Nationality Act. Mourillon was born in the British West Indies. His parents were never married and his mother permanently left the household when he was an infant. Mourillon and his father immigrated to Curacao, where the father remarried Mourillon’s stepmother, who gave birth to the beneficiary, Mourillon’s stepsister. Mourillon and the beneficiary maintained close ties as adults. The beneficiary came to the United States as a student, and was residing with Mourillon at the time the petition was filed. The Director denied the petition because the stepsiblings did not show that they were children of a common parent within the meaning of the statute. The Director had only examined the siblings’ relationship through their father, and concluded that they were not siblings under the statute because Mourillon was an illegitimate child. On appeal, Mourillon asserted both that he was legitimated by his father according to the law of Curacao, his birthplace, and also that he and the beneficiary qualified as siblings by virtue of their other common parent, Mourillon’s stepmother (i.e. the beneficiary’s mother).

Rule of Law

Issue

Holding and Reasoning

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