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KOSAK v. AGUIRRE

No. 06-4055.

518 F.3d 210 (2008)

Wan-Swin Susan KOSAK, Appellant v. Eduardo AGUIRRE, Jr., Director of U.S. Citizenship and Immigration Services; Maura Harty, Assistant Secretary for Consular Affairs; Robert Devine, Acting Deputy Director of U.S. Citizenship and Immigration Services; Michael Chertoff, Secretary of the Department of Homeland Security; Condolezza Rice, Secretary of State for the United States; The Board of Immigration Appeals, Executive Office of Immigration Review, U.S. Department of Justice.

United States Court of Appeals, Third Circuit.

Filed: March 6, 2008.

Attorney(s) appearing for the Case

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

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

Before: McKEE, CHAGARES and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this case we review the Board of Immigration Appeals' construction 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." 8 U.S.C. § 1153(a)(4). The question presented is whether the District Court erred in according Chevron deference to the BIA's decision that adopted...

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