Opinion

Muriel May Scott, Nee Plummer v. Immigration and Naturalization Service

  • 350 F.2d 279
  • 1965 U.S. App. LEXIS 4889
Court
Court of Appeals for the Second Circuit
Filed
Jul 14, 1965
Status
Published
Author
Smith
On the bench
Kaufman, Lumbard, Smith
Cited by
5 cases

The opinion

J. JOSEPH SMITH,

Circuit Judge (dissenting):

I dissent. While I agree that the purported marriage was invalid for immigration purposes, I think that we should give 241(f) an interpretation in keeping with its humanitarian purpose of ameliorating the harshness of the deportation statutes as applied to the families of citizens. Interpreting “otherwise admissible” as referring to qualitative tests rather than quota numbers would properly carry out the purpose of the Act in cases such as this, and there is no solid evidence that the Congress intended so narrow an application as that adopted, in eifect carving out an exception to the relief where the fraud involved non-quota status.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.