tuan
anh
nguyen
et
al
immigration
naturalization
service
argued
january
decided
june
petitioner
tuan
anh
nguyen
born
wedlock
vietnam
vietnamese
citizen
copetitioner
joseph
boulais
citizen
nguyen
became
lawful
permanent
resident
age
six
raised
boulais
age
nguyen
pleaded
guilty
texas
state
two
counts
sexual
assault
child
subsequently
respondent
immigration
naturalization
service
initiated
deportation
proceedings
based
serious
criminal
offenses
immigration
judge
ordered
deportable
boulais
obtained
order
parentage
state
nguyen
appeal
pending
board
immigration
appeals
board
dismissed
appeal
rejecting
nguyen
citizenship
claim
complied
requirements
one
born
wedlock
abroad
citizen
father
noncitizen
mother
appeal
fifth
circuit
rejected
petitioners
claim
violates
equal
protection
providing
different
citizenship
rules
children
born
abroad
wedlock
depending
whether
citizen
parent
mother
father
held
section
consistent
equal
protection
guarantee
embedded
fifth
amendment
due
process
clause
pp
child
born
abroad
wedlock
acquires
birth
nationality
status
citizen
mother
meets
specified
residency
requirement
however
father
citizen
parent
inter
alia
one
three
affirmative
steps
must
taken
child
turns
legitimization
declaration
paternity
oath
father
order
paternity
failure
satisfy
section
renders
nguyen
ineligible
citizenship
pp
classification
withstands
equal
protection
scrutiny
serves
important
governmental
objectives
discriminatory
means
employed
substantially
related
achievement
objectives
virginia
congress
decision
impose
different
requirements
unmarried
fathers
unmarried
mothers
based
significant
difference
respective
relationships
potential
citizen
time
birth
justified
two
important
governmental
interests
pp
first
interest
importance
assuring
biological
relationship
exists
mother
relation
verifiable
birth
documented
birth
certificate
hospital
records
witnesses
birth
however
father
need
present
birth
presence
incontrovertible
proof
fatherhood
see
lehr
robertson
fathers
mothers
similarly
situated
regard
proof
biological
parenthood
imposition
different
rules
neither
surprising
troublesome
constitutional
perspective
section
provision
three
options
designed
ensure
acceptable
documentation
paternity
petitioners
argue
requirement
father
provide
clear
convincing
evidence
parentage
sufficient
achieve
end
establishing
paternity
given
sophistication
modern
dna
tests
however
section
mandate
dna
testing
moreover
constitution
require
congress
elect
one
particular
mechanism
among
many
possible
methods
establishing
paternity
represents
reasonable
legislative
conclusion
satisfaction
one
several
alternatives
suffice
establish
blood
link
required
predicate
child
acquisition
citizenship
finally
even
facially
neutral
rule
sometimes
require
fathers
take
additional
affirmative
steps
required
mothers
whose
names
birth
certificate
result
presence
birth
benefit
witnesses
birth
call
upon
pp
second
governmental
interest
furthered
determination
ensure
child
citizen
parent
demonstrated
opportunity
develop
relationship
consists
real
everyday
ties
providing
connection
child
citizen
parent
turn
opportunity
inheres
event
birth
case
citizen
mother
child
result
matter
biological
inevitability
case
unwed
father
may
know
child
conceived
mother
may
unsure
father
identity
one
concern
context
always
young
men
duty
armed
forces
foreign
countries
today
ease
travel
willingness
americans
visit
foreign
countries
resulted
numbers
trips
abroad
must
real
concern
contemplating
prospect
mandating
contrary
congress
wishes
citizenship
male
parentage
subject
condition
father
residence
country
equal
protection
principles
require
congress
ignore
reality
section
takes
unremarkable
step
ensuring
opportunity
inherent
event
birth
relationship
exists
father
child
citizenship
conferred
upon
latter
interest
importance
profound
satisfied
dna
test
scientific
proof
biological
paternity
ensure
contact
child
minority
congress
well
within
authority
refusing
absent
proof
opportunity
relationship
develop
commit
country
embracing
child
citizen
contrary
petitioners
argument
embody
stereotype
nothing
irrational
improper
recognizing
moment
birth
critical
event
statutory
scheme
tradition
citizenship
law
mother
knowledge
child
fact
parenthood
established
way
guaranteed
unwed
father
pp
means
congress
chose
substantially
relate
interest
facilitating
relationship
first
various
statutory
provisions
addition
require
act
linking
child
occur
child
turns
second
petitioners
argument
reflects
stereotype
women
likely
men
actually
establish
required
relationship
misconceives
governmental
interest
nature
equal
protection
inquiry
former
congress
chosen
advance
interest
ensuring
meaningful
relationship
every
case
enacted
instead
easily
administered
scheme
promote
different
still
substantial
interest
ensuring
opportunity
relationship
develop
petitioners
argument
confuses
equal
protection
inquiry
means
ends
invalidated
congress
elected
advance
interest
less
demanding
satisfy
alternative
even
one
conceives
congress
real
interest
establishment
meaningful
relationship
almost
axiomatic
policy
seeking
foster
opportunity
meaningful
bonds
develop
close
substantial
bearing
governmental
interest
bond
formation
congress
means
substantial
furtherance
important
governmental
objective
fit
means
end
exceedingly
persuasive
see
virginia
supra
pp
section
imposes
minimal
obligation
least
onerous
three
options
must
satisfied
satisfied
day
birth
next
day
next
years
section
moreover
sole
means
attaining
citizenship
child
seek
citizenship
right
rather
via
reliance
parental
ties
statute
satisfies
equal
protection
scrutiny
applied
qualifications
need
consider
whether
confer
citizenship
terms
specified
congress
assess
implications
statements
earlier
cases
regarding
wide
deference
afforded
congress
exercising
immigration
naturalization
power
pp
affirmed
kennedy
delivered
opinion
rehnquist
stevens
scalia
thomas
joined
scalia
filed
concurring
opinion
thomas
joined
filed
dissenting
opinion
souter
ginsburg
breyer
joined
tuan
anh
nguyen
joseph
boulais
petitioners
immigration
naturalization
service
writ
certiorari
appeals
fifth
circuit
june
justice
kennedy
delivered
opinion
case
presents
question
resolved
majority
case
us
three
terms
ago
see
miller
albright
title
governs
acquisition
citizenship
persons
born
one
citizen
parent
one
noncitizen
parent
parents
unmarried
child
born
outside
possessions
statute
imposes
different
requirements
child
acquisition
citizenship
depending
upon
whether
citizen
parent
mother
father
question
us
whether
statutory
distinction
consistent
equal
protection
guarantee
embedded
due
process
clause
fifth
amendment
petitioner
tuan
ahn
nguyen
born
saigon
vietnam
september
copetitioner
joseph
boulais
vietnamese
citizen
boulais
nguyen
mother
married
boulais
always
citizen
vietnam
employ
corporation
nguyen
mother
ended
relationship
nguyen
lived
time
family
boulais
new
vietnamese
girlfriend
june
nguyen
almost
six
years
age
came
became
lawful
permanent
resident
raised
texas
boulais
nguyen
pleaded
guilty
texas
state
two
counts
sexual
assault
child
sentenced
eight
years
prison
count
three
years
later
immigration
naturalization
service
ins
initiated
deportation
proceedings
nguyen
alien
convicted
two
crimes
involving
moral
turpitude
well
aggravated
felony
see
ii
iii
supp
iv
though
later
change
position
argue
citizen
nguyen
testified
deportation
hearing
citizen
vietnam
immigration
judge
found
deportable
nguyen
appealed
board
immigration
appeals
matter
pending
father
obtained
order
parentage
state
based
dna
testing
time
nguyen
years
old
board
dismissed
nguyen
appeal
rejecting
claim
citizenship
failed
establish
compliance
sets
forth
requirements
one
born
wedlock
abroad
citizen
father
noncitizen
mother
nguyen
boulais
appealed
appeals
fifth
circuit
arguing
violates
equal
protection
providing
different
rules
attainment
citizenship
children
born
abroad
wedlock
depending
upon
whether
one
parent
american
citizenship
mother
father
rejected
constitutional
challenge
constitutionality
distinction
unwed
fathers
mothers
argued
miller
ity
resolve
issue
four
justices
two
different
opinions
rejected
challenge
distinction
two
finding
statute
consistent
fifth
amendment
see
opinion
stevens
joined
rehnquist
two
concluding
confer
citizenship
remedy
even
statute
violated
equal
protection
see
scalia
joined
thomas
concurring
judgment
three
justices
reached
contrary
result
found
statue
violative
equal
protection
ginsburg
joined
souter
breyer
dissenting
id
breyer
joined
souter
ginsburg
dissenting
finally
two
justices
reach
issue
father
determined
child
petitioner
miller
lacked
standing
raise
equal
protection
rights
father
joined
kennedy
concurring
judgment
since
miller
courts
appeal
divided
constitutionality
compare
case
lake
reno
granted
certiorari
resolve
conflict
father
case
agree
standing
raise
constitutional
claim
resolve
hold
consistent
constitutional
guarantee
equal
protection
ii
general
requirement
acquisition
citizenship
child
born
outside
outlying
possessions
parents
married
one
citizen
alien
set
forth
statute
provides
child
also
citizen
birth
citizen
parent
physically
present
total
five
years
least
two
parent
turned
years
age
individual
born
circumstances
save
parents
unwed
sets
forth
following
requirements
father
citizen
parent
mother
alien
blood
relationship
person
father
established
clear
convincing
evidence
father
nationality
time
person
birth
father
unless
deceased
agreed
writing
provide
financial
support
person
person
reaches
age
years
person
age
years
person
legitimated
law
person
residence
domicile
father
acknowledges
paternity
person
writing
oath
paternity
person
established
adjudication
competent
addition
incorporates
reference
citizen
parent
residency
requirement
citizen
parent
child
born
abroad
wedlock
child
mother
requirements
transmittal
citizenship
described
notwithstanding
provision
subsection
section
person
born
december
outside
wedlock
shall
held
acquired
birth
nationality
status
mother
mother
nationality
time
person
birth
mother
previously
physically
present
one
outlying
possessions
continuous
period
one
year
section
thus
imposes
set
requirements
children
citizen
fathers
born
abroad
wedlock
noncitizen
mother
imposed
like
circumstances
citizen
parent
mother
concede
requirements
relating
citizen
father
acknowledgment
child
satisfied
case
need
discuss
however
added
nguyen
birth
nguyen
falls
within
transitional
rule
allows
elect
application
either
current
version
statute
version
contained
parallel
see
immigration
nationality
act
amendments
stat
note
following
miller
supra
opinion
stevens
event
ruling
respecting
dispositive
case
individual
seeking
citizenship
must
meet
preconditions
failure
satisfy
renders
nguyen
ineligible
citize
ship
iii
classification
withstand
equal
protection
scrutiny
must
established
least
challenged
classification
serves
important
governmental
objectives
discriminatory
means
employed
substantially
related
achievement
objectives
virginia
quoting
mississippi
univ
women
hogan
turn
quoting
wengler
druggists
mut
ins
reasons
follow
conclude
satisfies
standard
given
determination
need
decide
whether
lesser
degree
scrutiny
pertains
statute
implicates
congress
immigration
naturalization
power
see
miller
explaining
statute
must
subjected
standard
deferential
congressional
exercise
immigration
naturalization
power
ven
heightened
scrutiny
normally
governs
gender
discrimination
claims
applied
context
statute
sustained
citations
omitted
considering
important
governmental
interests
advanced
statute
two
observations
concerning
operation
provision
order
first
citizen
mother
expecting
child
living
abroad
right
child
born
amendment
citizen
one
perspective
statute
simply
ensures
equivalence
two
expectant
mothers
citizens
abroad
one
chooses
reenter
child
birth
chooses
return
means
equivalence
factor
single
citizen
parent
living
abroad
father
unlike
unmarried
mother
unmarried
father
general
rule
control
child
born
second
although
requires
certain
conduct
occur
child
citizen
father
born
wedlock
abroad
reaches
years
age
imposes
limitations
individual
qualifies
statute
claim
citizenship
statutory
treatment
citizenship
identical
respect
whether
citizen
parent
mother
father
person
born
citizen
parent
either
gender
may
assert
citizenship
assuming
compliance
statutory
preconditions
regardless
age
conditions
necessary
citizen
mother
transmit
citizenship
exist
birth
citizen
fathers
children
years
satisfy
requirements
see
miller
supra
opinion
stevens
statutory
distinction
relevant
case
requires
one
three
affirmative
steps
taken
citizen
parent
father
citizen
parent
mother
legitimation
declaration
paternity
oath
father
order
paternity
congress
decision
impose
requirements
unmarried
fathers
differ
unmarried
mothers
based
significant
difference
respective
relationships
potential
citizen
time
birth
specifically
imposition
requirement
paternal
relationship
maternal
one
justified
two
important
governmental
objectives
discuss
turn
first
governmental
interest
served
importance
assuring
biological
relationship
exists
case
mother
relation
verifiable
birth
mother
status
documented
instances
birth
certificate
hospital
records
witnesses
attest
given
birth
case
father
uncontestable
fact
need
present
birth
present
furthermore
circumstance
incontrovertible
proof
fatherhood
see
lehr
robertson
mother
carries
bears
child
sense
parental
relationship
clear
validity
father
parental
claims
must
gauged
quoting
caban
mohammed
stewart
dissenting
trimble
gordon
serious
problems
proving
paternity
might
justify
demanding
standard
illegitimate
children
claiming
fathers
estates
required
mothers
estates
fathers
mothers
similarly
situated
regard
proof
biological
parenthood
imposition
different
set
rules
making
legal
determination
respect
fathers
mothers
neither
surprising
troublesome
constitutional
perspective
cf
cleburne
cleburne
living
center
explaining
equal
protection
clause
essentially
direction
persons
similarly
situated
treated
alike
royster
guano
virginia
section
provision
three
options
father
seeking
establish
paternity
legitimation
paternity
oath
order
paternity
designed
ensure
acceptable
documentation
paternity
petitioners
argue
requirement
father
provide
clear
convincing
evidence
parentage
sufficient
achieve
end
establishing
paternity
given
sophistication
modern
dna
tests
brief
petitioners
section
actually
mandate
dna
test
however
constitution
moreover
require
congress
elect
one
particular
mechanism
among
many
possible
methods
establishing
paternity
even
mechanism
arguably
might
scientifically
advanced
method
respect
dna
testing
expense
reliability
availability
testing
various
parts
world
may
particular
concern
congress
see
miller
supra
opinion
stevens
requirement
represents
reasonable
conclusion
legislature
satisfaction
one
several
alternatives
suffice
establish
blood
link
father
child
required
predicate
child
acquisition
citizenship
cf
lehr
supra
upholding
new
york
statutory
requirement
gave
mothers
children
born
wedlock
notice
adoption
hearing
extended
right
fathers
mailed
postcard
putative
fathers
registry
given
proof
motherhood
inherent
birth
unremarkable
congress
require
affirmative
steps
mothers
finally
require
congress
speak
without
reference
gender
parent
regard
objective
ensuring
blood
tie
parent
child
insist
hollow
neutrality
justice
stevens
pointed
miller
congress
required
mothers
fathers
prove
parenthood
within
days
matter
years
child
birth
given
mother
always
present
birth
father
need
facially
neutral
rule
sometimes
require
fathers
take
additional
affirmative
steps
required
mothers
whose
names
appear
birth
certificate
result
presence
birth
benefit
witnesses
birth
call
upon
issue
use
gender
specific
terms
instead
neutral
ones
neutral
terms
mask
discrimination
unlawful
gender
specific
terms
mark
permissible
distinction
equal
protection
question
whether
distinction
lawful
use
gender
specific
terms
takes
account
biological
difference
parents
differential
treatment
inherent
sensible
statutory
scheme
given
unique
relationship
mother
event
birth
second
important
governmental
interest
furthered
substantial
manner
determination
ensure
child
citizen
parent
demonstrated
opportunity
potential
develop
relationship
recognized
formal
matter
law
one
consists
real
everyday
ties
provide
connection
child
citizen
ent
turn
see
opinion
stevens
case
citizen
mother
child
born
overseas
opportunity
meaningful
relationship
citizen
parent
child
inheres
event
birth
event
often
critical
constitutional
statutory
understandings
citizenship
mother
knows
child
initial
point
contact
least
opportunity
mother
child
develop
real
meaningful
relationship
opportunity
result
event
birth
matter
biological
inevitability
case
unwed
father
given
interval
conception
birth
always
certain
father
know
child
conceived
always
clear
even
mother
sure
father
identity
fact
takes
particular
significance
case
child
born
overseas
wedlock
one
concern
context
always
young
people
men
part
duty
armed
forces
foreign
countries
see
department
defense
selected
manpower
statistics
reporting
year
nguyen
born
active
duty
military
personnel
female
department
defense
selected
manpower
statistics
noting
military
personnel
stationed
foreign
countries
department
defense
selected
manpower
statistics
reporting
active
duty
military
personnel
female
noting
military
personnel
stationed
foreign
countries
turn
conditions
prevail
today
find
passage
time
produced
additional
even
substantial
grounds
justify
statutory
distinction
ease
travel
willingness
americans
visit
foreign
countries
resulted
numbers
trips
abroad
must
real
concern
contemplate
prospect
accepting
petitioners
argument
mandate
contrary
congress
wishes
citizenship
male
parentage
subject
condition
save
father
previous
length
residence
country
alone
americans
made
almost
million
trips
abroad
excluding
trips
canada
mexico
see
dep
commerce
profile
travelers
overseas
destinations
visits
canada
mexico
add
figure
almost
million
additional
visits
see
dep
commerce
resident
travel
overseas
countries
historical
visitation
average
american
overseas
traveler
spent
nights
profile
travelers
overseas
destinations
supra
principles
equal
protection
require
congress
ignore
reality
contrary
facts
demonstrate
critical
importance
government
interest
ensuring
opportunity
tie
citizen
father
foreign
born
child
reasonable
substitute
opportunity
manifest
mother
child
time
birth
indeed
especially
light
number
americans
take
short
sojourns
abroad
prospect
father
might
even
know
conception
realistic
possibility
see
miller
supra
opinion
stevens
even
father
knows
fact
conception
moreover
follow
present
birth
child
thus
unlike
case
mother
assurance
father
biological
child
ever
meet
without
initial
point
contact
child
father
knows
child
opportunity
father
child
begin
relationship
section
takes
unremarkable
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nguyen
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reed
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women
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section
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birth
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ginsburg
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supra
breyer
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claim
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marks
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univ
women
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craig
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hallmark
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women
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virginia
also
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volumes
history
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rights
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history
sex
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born
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first
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report
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general
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state
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birth
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immigration
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hearing
house
committee
immigration
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burnita
shelton
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see
also
citizenship
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majority
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course
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ante
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able
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dissenting
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choice
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availability
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miller
supra
opinion
stevens
emphasizing
limited
scope
judicial
inquiry
immigration
legislation
instant
case
admission
aliens
instead
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logically
prior
question
whether
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place
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miller
opinion
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amendment
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petitioner
alien
whether
petitioner
claims
petitioner
citizen
thus
must
address
merits
determine
whether
predicate
argument
accurate
internal
quotation
marks
citation
omitted
govern
conferral
citizenship
birth
admission
aliens
ordinary
standards
equal
protection
review
apply
see
breyer
dissenting
one
mistake
majority
analysis
careful
application
equal
protection
jurisprudence
concerning
classifications
today
decision
instead
represents
deviation
line
cases
vigilantly
applied
heightened
scrutiny
classifications
determine
whether
constitutional
violation
occurred
trust
depth
vitality
precedents
ensure
today
error
remains
aberration
respectfully
dissent