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Huynh Thi Anh and Another v. Levi and Others

United States.  20 October 1978 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Admission — Discretionary power of Attorney-General to admit aliens pending determination of immigration status — Scope of power — South Vietnamese children admitted into the United States for adoption by United States families — Application by grandmother of children to enjoin adoption proceedings on ground that children had not been released for adoption — Whether parole provisions requiring Attorney-General to release children into custody of grandmother

Relationship of international law and municipal law — Customary international law — Enforcement by municipal courts — United States Alien Tort Claims Act — Violation of the law of nations — Whether depriving grandmother of custody of grandchildren constituting a violation of the law of nations

Relationship of international law and municipal law — Treaties — Whether creating private rights of action — Criteria for determining whether treaty self-executing — United Nations Declaration on Human Rights, 1948 — Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949 — Geneva Convention Relating to the Status of Refugees, 1951

Human rights — Respect for family life — Whether grandmother entitled to custody of orphaned grandchildren — United Nations Declaration on Human Rights, 1948, Article 16

Treaties — Application by municipal courts — Whether treaties creating private rights of action — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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