ALPINE NEW JERSEY BERGEN COUNTY FAMILY LAW MEDIATOR
This case involves a review of the construction by the Board of Immigration Appeals of Section 203(a)(4) of the Immigration and Nationality Act, which grants a visa preference to qualified immigrants who are siblings of United States citizens. Did the court err in according Chevron deference to the BIA's decision that adopted children may not invoke this preference in favor of their biological siblings? The circuit panel holds that the District Court did not err and affirms. Kosak v. Aguirre, Jr., etc., et al., Unites States Circuit Court of Appeals; 3d Circuit, March 11, 2008