Stanley Russell Scales, Jr. v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, because petitioner was born in wedlock, he acquired citizenship from his U.S. citizen father although there was likely no biological link between them
• concluding that a State Department Foreign Affairs Manual is not entitled to deference because the Attorney General, not the State Department, has statutory authority to interpret immigration statutes
• holding that “[a] straightforward reading of § 1401 indicates . . . that there is no requirement of a blood relationship”
• stating that Foreign Affairs Manual had not been arrived at after notice-and-comment rulemaking, and that such “agency manuals” ‘lack the force of law” (internal quotation marks and citation omitted)
• finding that if Congress had wanted to require a “blood relationship” for a child born to married parents “it knew how to do so”
• stating that concession of foreign birth “giv[es] rise to the presumption of alienage”

Source: CourtListener parenthetical corpus (CC0).