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

> Court of Appeals for the Second Circuit · July 14, 1965 · 350 F.2d 279

URL: https://www.frixlaw.com/law-library/cases/9451013

## Case

- **Full name:** Muriel May SCOTT, Née Plummer, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** July 14, 1965
- **Citations:** 350 F.2d 279; 1965 U.S. App. LEXIS 4889
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Kaufman, Lumbard, Smith
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9451013

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451013. Public record. Not legal advice.