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TUAN ANH NGUYEN V. INS (99-2071) 533 U.S. 53 (2001)
208 F.3d 528, affirmed.
Syllabus
 
Opinion
[ Kennedy ]
Concurrence
[ Scalia ]
Dissent
[ O’Connor ]
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Scalia, J., concurring

SUPREME COURT OF THE UNITED STATES


No. 99—2071

TUAN ANH NGUYEN and JOSEPH BOULAIS,
PETITIONERS v. IMMIGRATION AND
NATURALIZATION SERVICE

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT

[June 11, 2001]

    Justice Scalia, with whom Justice Thomas joins, concurring.

    I remain of the view that the Court lacks power to provide relief of the sort requested in this suit–namely, conferral of citizenship on a basis other than that prescribed by Congress. See Miller v. Albright, 523 U.S. 420, 452 (1998) (Scalia, J., concurring in judgment). A majority of the Justices in Miller having concluded otherwise, see id., at 423 (opinion of Stevens, J., joined by Rehnquist, C. J.); id., at 460 (Ginsburg, J., joined by Souter and Breyer, JJ., dissenting); id., at 471 (Breyer, J., joined by Souter and Ginsburg, JJ., dissenting); and a majority of the Court today proceeding on the same assumption; I think it appropriate for me to reach the merits of petitioners’ equal protection claims. I join the opinion of the Court.