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· 5/29/2002

Sylwia Jankowski-Burczyk v. Immigration and Naturalization Service

Citations

  • 291 F.3d 172
  • 2002 U.S. App. LEXIS 10036

How courts have described this case

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

  • concluding that legal permanent residents and nonlegal permanent residents are not similarly situated for purposes of equal protection analysis
  • noting that “tax laws may separately classify couples who are married and those who are unmarried” and “treat [those two groups] differently”
  • “Of course, the government can treat persons differently if they are not ‘similarly situated.’” (citation omitted)
  • “Aliens who disregard a final removal order and remain in the country illegally are not similarly situated to aliens who have complied with a final order but subsequently reenter the United States and try to seek relief.”
  • “[W]e will assume that a statute is constitutional and the burden is on the one attacking the legislative arrangement to negative every conceivable basis which might support it, whether or not the basis has a foundation in the record.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Jacobs, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.