Gee-Kwong Chan v. Reno

Good Law
113 F.3d 1068·97 Daily Journal DAR 6143·1997 U.S. App. LEXIS 10842·97 Cal. Daily Op. Serv. 3601
United States Court of Appeals for the Ninth CircuitMay 14, 1997No. 96-15595California2,591 words

Opinion

Lead Opinion

Wiggins, J.

The Immigration and Naturalization Service (“INS”) denied plaintiffs’ applications for adjustment of status under the Chinese Student Protection Act of 1992, Pub.L. No. 102-404, 106 Stat.1969, reprinted in 8 U.S.C.A. § 1255 note (West Supp.1997) (hereinafter “CSPA”). Plaintiffs challenged the INS’s decision in district court, which dismissed plaintiffs’ complaint for failure to state a cause of action. We affirm.

BACKGROUND

In 1990, after the Chinese government’s actions in Tiananmen Square, President George Bush issued an order which protected Chinese nationals against enforced departure from this country until January 1, 1994. See Exec.Order No. 12711, 55 Fed. Reg. 13897 (1990), reprinted in 8 U.S.C.A. § 1101 note (West Supp.1997). In 1992, Congress passed the CSPA, thereby exempting qualifying Chinese nationals applying for adjustment of status from certain statutory requirements; the CSPA also gives the Attorney General the discretion to waive certain other requirements for one of three reasons. See CSPA § 2.

Plaintiffs Gee-Kwong Chan (“Chan”), Yi Xu Feng, De-Ning Luo, and Geng Quan Shan are Chinese nationals who entered the United States on or before April 11,…

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