Shui King Tam Wong, Gong Yuen Wong, Wing Sun Wong v. Griffin B. Bell, Attorney General of the United States

Plaintiffs challenge defendants’ refusal to allow plaintiff Wing Sun Wong into this country. They claim that 8 U.S.C. § 1182 (i) entitles Wong to have the Attorney General exercise his discretion as to whether or not to admit Wong. We affirm the dismissal of plaintiffs’ lawsuit on the ground, not ruled on below, that plaintiffs’ complaint did not state a claim pursuant to which relief could be granted under Fed.R.Civ.P. 12(b)(6).

I.

Wing Sun Wong lives in Hong Kong. He applied to the American consulate there for a visa in 1958. In his application, he made misrepresentations which barred issuance of a visa. In 1969, he again applied to the consulate in Hong Kong for a visa, which was denied because of the prior misrepresentations. Finally, in 1977, Wong applied for a waiver of excludability under a section of the Immigration and Nationality Act which provides:

8 U.S.C. § 1182 (i). The term “child” is in turn defined, for purposes of § 1182(i), as “an unmarried person under twenty-one years of age ... . ” 8 U.S.C. § 1101 (b)(1). The Hong Kong district director of the Immigration and Naturalization Service (“INS”) denied the application, finding Wong statutorily ineligible for a…