FLORES-VILLAR v. UNITED STATES

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Case Basics
Docket No. 
09-5801
Petitioner 
Ruben Flores-Villar
Respondent 
United States
Decided By 
Advocates
(for the petitioner (appointed by the Court))
(Deputy Solicitor General, Department of Justice, for the respondent)
Term:
Facts of the Case 

A California federal district court convicted Ruben Flores-Villar under the Immigration and Nationality Act ("INA") of being a deported alien found in the United States. On appeal to the U.S. Court of Appeals for the Ninth Circuit, Mr. Flores-Villar argued that the relevant provisions of the INA violated the Equal Protection Clause of the Fifth Amendment on the basis of age and gender. The provisions impose a five-year residency requirement, after age fourteen, on United States citizen fathers but not mothers, whose residency requirement is merely one year. The Ninth Circuit applied the Supreme Court's holding in Nguyen v. INS which did not deal precisely with the provisions before the court, but held that other more onerous residency requirements for fathers but not mothers in the INA did not violate the Equal Protection Clause. The court concluded that the provisions challenged by Mr. Flores-Villar also did not violate the Equal Protection Clause and affirmed the judgment of the district court.

Question 

Does Nguyen v. INS permit gender discrimination that has no biological basis?

Conclusion 
Decision: 4 votes for United States, 4 vote(s) against
Legal provision: None

Without answering the question, the Supreme Court affirmed the lower court order in an unsigned per curiam opinion. Justice Elena Kagan took no part in consideration of the case.

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FLORES-VILLAR v. UNITED STATES . The Oyez Project at IIT Chicago-Kent College of Law. 10 September 2014. <http://www.oyez.org/cases/2010-2019/2010/2010_09_5801>.
FLORES-VILLAR v. UNITED STATES , The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2010/2010_09_5801 (last visited September 10, 2014).
"FLORES-VILLAR v. UNITED STATES ," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 10, 2014, http://www.oyez.org/cases/2010-2019/2010/2010_09_5801.