Taing v. Napolitano: Widow Penalty Rejected by First Circuit

Surviving Spouses Against Deportation (www.ssad.org) reports (with a link to the opinion and the oral arguments) that “[j]oining the Sixth and Ninth Circuits, the First Circuit Court of Appeals strikes down the widow penalty! This creates a 3 to 1 Circuit Split, which may be resolved if the Supreme Court decides to review the flawed Robinson opinion from the Third Circuit.”  The First Circuit decision, handed down yesterday and written by Judge Torruela, involved the case of Neang Chea Taing, a Cambodian citizen  who came lawfully to the United States, fell on love, and married Tecumsen Chip Taing, a naturalized U.S, citizen. In December 2004, Mr. Taing filed a Visa Petition for his wife, and Ms. Taing filed an adjustment application and a request for work authorization, which were approved.  On July 2, 2005, Mr. Taing died of a stroke. The question — answered in the affirmative by the First Circuit — was whether Ms. Taing remained eligible for an immigrant visa as an “immediate relative” of a U.S. citizen despite her huusband’s death.

KJ