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KOSAK v. DEVINE

Civil Action No. 05-00045.

439 F.Supp.2d 410 (2006)

Wan-Swin Susan KOSAK, Plaintiff, v. Robert DEVINE, Acting Deputy Director of U.S. Citizenship and Immigration Services Michael Chertoff, Secretary of the Department of Homeland Security, Condoleeza Rice, Secretary of Stat for the United States, The Board of Immigration Appeals, Executive Office of Immigration Review, U.S. Department of Justice, Defendants.

United States District Court, E.D. Pennsylvania.

July 12, 2006.

Attorney(s) appearing for the Case

James J. Orlow, Philadelphia, PA, for Plaintiff.

Mary Catherine Frye, United States Attorney's Office, Assistant U.S. Attorney Philadelphia, PA, for Defendants.

MEMORANDUM & ORDER

DuBOIS, District Judge.

I. INTRODUCTION

Plaintiff Wan-Swin Susan Kosak ("Kosak"), who was born in Taiwan and adopted by U.S. citizens, seeks to confer preferential immigration status on her biological sibling. In a decision dated December 23, 2005, the Board of Immigration Appeals (BIA)—relying on Matter of Li, 20 I & N Dec. 700 (BIA 1993), and sections 203(a)(4) and 101(b)(1)(E) of the...

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