Chee Kin Jang v. Reno

Plaintiff Chee Kin Jang is a dual national — a native and citizen of the People’s Republic of China (“PRC” or “China”) and a citizen of Belize. On January 22, 1988, he entered the United States from Belize under a C-l visa. 1 At the time of entry, he claimed citizenship of Belize and entered under a Belize passport. While in the United States, he unsuccessfully applied for adjustment of status to lawful permanent resident under the Chinese Student Protection Act of 1992 (“CSPA”), Pub.L. No. 102-404,106 Stat.1969, reprinted in 8 U.S.C.A. § 1255 note (West Supp.1997). On this appeal, plaintiff challenges a district court order granting summary judgment in favor of Janet Reno, the Immigration and Naturalization Service, et al. (collectively, “INS”). The district court held that plaintiff does not qualify under the CSPA because his declared nationality upon entry into the United States was that of Belize, so he was not a “PRC national” for purposes of the CSPA. We have jurisdiction under 28 U.S.C. § 1291 . 2 We AFFIRM.

Following the events in Tiananmen Square in 1989, President Bush issued Executive Order No. 12711 (“EO 12711”). 55 Fed.Reg. 13,897 (1990), reprinted in 11…