TUAN ANH NGUYEN v. INS

No. 99-2071.

533 U.S. 53 (2001)

TUAN ANH NGUYEN et al. v. IMMIGRATION AND NATURALIZATION SERVICE

United States Supreme Court.

Decided June 11, 2001.


Attorney(s) appearing for the Case

Martha F. Davis argued the cause for petitioners. With her on the briefs were Nancy A. Falgout, Steven R. Shapiro, Lucas Guttentag, Julie Goldscheid, and Sherry J. Leiwant.

Deputy Solicitor General Kneedler argued the cause for respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Austin C. Schlick, Michael Jay Singer, and John S. Koppel.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 73. O'Connor, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 74.


Justice Kennedy, delivered the opinion of the Court.

This case presents a question not resolved by a majority of the Court in a case before us three Terms ago. See Miller v. Albright, 523 U.S. 420 (1998). Title 8 U. S. C. § 1409 governs the acquisition of United States citizenship by persons born to one United States citizen parent and one noncitizen parent when the parents are unmarried and the child is born outside...

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