Kuli Haapai Kaho, Valeti Kaho and Tupou Kaho v. David N. Ilchert, District Director, Immigration and Naturalization Service

David N. Ilchert, San Francisco District Director for the Immigration and Naturalization Service, (Ilchert), appeals from the district court’s decision granting summary judgment in favor of Kuli Haapai Kaho and his adopted daughters and remanding the ease to the Immigration and Naturalization Service (INS) for a determination whether there was a bona fide customary adoption of Valeti and Tupuo Kaho by Kuli Haapai Kaho. We must decide whether the district court erred in conducting a de novo review on the validity of customary adoptions under Tongan law and whether customary adoptions are valid under Tongan law. We affirm.

FACTS

On October 19, 1980, Kuli Haapai Kaho (Kaho), a lawful permanent resident of the United States, filed two petitions for immigrant visa preference status under 8 U.S.C. § 1154 on behalf of Valeti Kaho and Tupuo Kaho. Kaho claimed that he adopted Valeti and Tupuo under the customary laws of Tonga and therefore, they were eligible for second preference immigrant visas under 8 U.S.C. § 1153 (a)(2). When the petitions were filed, Valeti was 22 and Tupuo was 16.

Valeti and Tupuo were born in Tonga in 1958 and 1963, respectively, as the legitimate offspring of…