United States Third Circuit

In the context of section 203(a)(4) of the Immigration and Nationality Act, which grants a visa preference to "[q]ualified immigrants who are the brothers or sisters of citizens of the United States", the BIA's decision that adopted children may not invoke this visa preference in favor of their biological siblings is a permissible construction of the statute that is entitled to deference under Chevron.

Appellate Information

• Argued 12/06/2007
• Decided 03/06/2008
• Published 03/06/2008

Judges

• Before:  McKEE, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph C. Hohenstein (Argued), James J. Orlow, Orlow & Orlow, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Mary C. Frye (Argued), Office of United States Attorney, Philadelphia, PA, for Appellees.