United States v. Xiaoying Tang Dowai

MEMORANDUM

Xiaoying Tang Dowai (“Tang”), a native of China, appeals her convictions' for visa fraud, making a false statement, and conspiracy to defraud the United States. On appeal, in addition to challenging the authority of the Northern Mariana Islands District Court (“NMI District Court”) to try her, she asserts that: (1) there was insufficient evidence to convict her due to a lack of evidence connecting her to the false statement in the 1-130 form; (2) the district court erred in refusing her instructions on materiality and marriage; and (3) following United States v. Windsor, — U.S.-, 133 S.Ct. 2675 , 186 L.Ed.2d 808 (2013), the underlying statute defining marriage is unconstitutionally vague and violates due process. We affirm her conviction.

1. Tang claims that there was insufficient evidence to support her conviction for visa fraud. She argues that a necessary element of Count II was not only knowledge that Dowai made a false statement on his 1-130 form, but also “specific knowledge that he did so under penalty of perjury.” Tang admits that there is no doubt that Dowai made a‘false statement that they had lived together, but asserts that “there is no evidence from which…