Nguyen v. Holder

21 N.E.3d 1023 (2014)

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Nature of the Case

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Facts

Nguyen (P) is a citizen of Vietnam. In January of 2000, at the age of 19, she was married in Rochester, New York to Vu Truong, who was 24 and a naturalized American citizen. Later that year, petitioner was granted the status of a conditional permanent resident in the United States on the basis of her marriage. P's mother was born in 1950 to a woman named Nguyen Thi Ba. Twenty-five years later, Nguyen Thi Ba gave birth to Vu Truong. P's mother and Vu Truong had different fathers. P's mother was Vu Truong's half-sister, and P is his half niece. An immigration judge ordered P removed from the country on the ground that her purported marriage was void as incestuous. P sought review of that ruling and the Second Circuit certified the question. Section 5 of the Domestic Relations Law reads in full: A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either: 3. An uncle and niece or an aunt and nephew.