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MILA v. DISTRICT DIRECTOR OF DENVER

No. 80-2072.

678 F.2d 123 (1982)

Finau F. MILA and Anau S. Fainga, Plaintiffs-Appellees, v. DISTRICT DIRECTOR OF the DENVER, COLORADO DISTRICT OF the IMMIGRATION AND NATURALIZATION SERVICE, UNITED STATES DEPARTMENT OF JUSTICE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 2, 1982.

Attorney(s) appearing for the Case

Jimmy Gurule, Washington, D. C. (James P. Morris, Crim. Div., Dept. of Justice, Washington, D. C., with him on the briefs), Attys., for defendant-appellant.

Charles B. Casper of Fabian & Clendenin, Salt Lake City, Utah, for plaintiffs-appellees.

Terry J. Helbush, San Francisco, Cal., filed an amicus curiae brief for the Immigration and Nationality Lawyers Association.

Before SETH, Chief Judge, and McKAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The government appeals from the district court's judgment that the Immigration and Naturalization Service (INS) incorrectly denied Anau S. Fainga preferential status as the sister of Finau F. Mila, a naturalized United States citizen, in qualifying for a permanent visa. See 8 U.S.C. § 1153(a)(5). Fainga, a native of the Kingdom of Tonga, was adopted by her mother's sister (Mila's mother) shortly after birth. Because Tongan law provides...

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