For Your Data Adams V. Howerton Illustration Brief

Adams v. Howerton representative brief summary

673 F.2d 1036 (1982)

CASE SYNOPSIS

Appellants, a manful individual American citizen in addition to a manful individual alien, sought review of a judgment of the U.S. District Court for the Central District of California granting appellee, the Acting District Director of the Immigration in addition to Naturalization Service, summary judgment. Appellants in addition to appellee had entered cross-motions for summary judgment next appellants' challenge of a denial of their petition for immediate relative classification.

CASE FACTS
Appellants, a manful individual American citizen in addition to a manful individual alien, petitioned the Immigration in addition to Naturalization Service (INS) for classification of appellant manful individual alien every bit an immediate relative of an American citizen, based upon appellant manful individual alien's alleged condition every bit the husband of appellant manful individual American citizen. Their petition was denied in addition to that denial was affirmed.

DISCUSSION

• On farther appeal to the acquaint court, the denial of the petition was affirmed. 
• The courtroom works life that a two-step analysis was necessary to compass upwards one's heed if appellants' union would hold upwards recognized for immigration purposes. 
• The showtime pace asked whether the union was valid nether country law, and, second, whether that union qualified nether § 201 of the Immigration in addition to Nationality Act of 1952, every bit amended, 8 U.S.C.S. § 1151(b). 
• The court, deciding the representative alone upon structure of this section, works life that Congress intended that simply partners inwards heterosexual marriages were to hold upwards considered spouses nether § 201. 
• Because Congress had a rational Blue Planet for its denial to spouses of homosexual marriages the preferences accorded to spouses of heterosexual marriages, the act was non unconstitutional.

CONCLUSION
The judgment was affirmed.

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