Nguyen v. Holder, No. 13-605 (2d Cir. 2014)Annotate this Case
Petitioner, a citizen of Vietnam, sought review of an order of the BIA dismissing her appeal from a decision of the IJ, which ordered her removed and denied her petition to remove conditions placed upon her residency in the United States. The USCIS denied the petition after finding that petitioner was her husband's half-niece, concluding that the marriage was incestuous and therefore void. The court affirmed the IJ's factual determination that petitioner and her husband were related as half-blooded niece and uncle. The court certified to the New York Court of Appeals the issue of whether such relationships were void for incest under New York's Domestic Relations Law, N.Y. Dom. Rel. Law 5(2).