Rogan v. Reno

Zanaida Creado Rogob resided in the Philippines with her partner, Arnel Sorilla. Sarah Elizabeth Rogob was born to Zanaida and Arnel. Zanaida’s sister, Ederlina Rogan (plaintiff), wished to adopt Sarah and take her to live with the Rogan family (plaintiffs) in the United States. Ederlina believed that Sarah’s entry to the United States would be facilitated if her birth certificate did not contain the name of her father, and thus Zanaida falsely represented that she did not know the identity of Sarah’s father. Zanaida gave physical custody of Sarah to Ederlina and consented to the adoption petition that Ederlina filed in a Philippine court. The petition was granted. Because Sarah needed a visa to travel to the United States, the Rogans petitioned the Immigration and Naturalization Service (INS) for a visa on the grounds that Sarah was Ederlina’s immediate relative. Under United States immigration law, Sarah could qualify as an immediate relative if she was an orphan. United States immigration law considered a child to be an orphan if, among other things, both of the child’s parents had abandoned her. When an INS officer investigated the Rogans’ petition, the officer learned that Arnel was Sarah’s birth father, and thus Arnel’s relationship with Sarah became a consideration. The INS denied the visa because it determined that Sarah was not an orphan. The Rogans appealed to the Board of Immigration Appeals, which dismissed the appeal. The Rogans then filed a petition in the United States District Court for the Eastern District of New York, seeking a declaration that Sarah was an orphan. One issue was whether the INS had abused its discretion when it found that Sarah was not an orphan. The Rogans argued that Sarah was an orphan because Zanaida and Arnel abandoned Sarah.