In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 19 ...
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In 1988, Katherina Manwani, a native-born citizen of the U.S., and her husband Prakash Manwani, a citizen of India and legal alien resident, brought suit in the U.S. District Court of North Carolina, challenging the constitutionality of section 5(b) of the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1154(h), which imposed a mandatory two-year foreign residency requirement on all aliens entering into marriages with U.S. citizens while their deportation proceedings were pending.
The Manwanis began dating in 1984, when Mr. Manwani was legally in the U.S. In May 1986, the INS initiated deportation proceedings against Mr. Manwani because he overstayed his tourist visa. The couple was married in May 1987 and had a child on November 16, 1988. This suit followed.
The parties filed cross-motions for summary judgment. On April 23, 1990, the District Court (Judge James Bryan McMillan) issued detailed findings of fact and conclusions of law, entering judgment in favor of plaintiffs. Judge McMillan found that the section in question violated the Due Process and Equal Protection Clauses of the Fifth Amendment. Manwani v. U.S. Department of Justice, 736 F. Supp. 1367 (W.D.N.C. 1990).
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Stephen Imm - 08/20/2007
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