Yu Xian Tang v. Reno
Opinion
Lead Opinion
Fernandez, J.
Yu Tang and nine other citizens of the People’s Republic of China (PRC), all of whom entered the United States without inspection, appeal the district court’s summary judgment in favor of the United States Attorney General and others. 1 Tang challenges the promulgation and enforcement of 8 C.F.R. § 245.9 (b)(6). She asserts that it violates the Chinese Student Protection Act of 1992, 106 Stat.1969 (1992), reprinted in 8 U.S.C. § 1255 note (CSPA), and 5 U.S.C. § 706 (2)(A) and (C). The regulation denies adjustment of status under the CSPA to those PRC citizens who entered the United States without inspection. We affirm.
*1196 BACKGROUND
The CSPA grew out of President Bush’s Executive Order of April 11, 1990, which directed the Attorney General to refrain from forcing the departure of certain nationals from the People’s Republic of China who were in the United States. The Executive Order was to be effective through January 1, 1994. Executive Order No. 12,711, reprinted in 8 U.S.C. § 1101 . The affected group was composed of those who were in the United States on or after June 5, 1989 up to April 11, 1990. In order to implement the Order, the Attorney General and the Secretary of…