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Nguyen v. Holder

New York Court of Appeals
21 N.E.3d 1023 (2014)


Huyen Nguyen (plaintiff), a Vietnamese citizen, married her half uncle, an American citizen. An immigration judge ordered Nguyen deported because her marriage to the American citizen was incestuous and therefore void. The Board of Immigration Appeals (defendant) affirmed. Nguyen appealed. The United States Court of Appeals for the Second Circuit certified the case to the New York Court of Appeals to address the question of whether a marriage in which the husband is the half brother of the wife’s mother is void as incestuous.

Rule of Law


Holding and Reasoning

Concurrence (Graffeo, J.)

Concurrence (Smith, J.)

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