Interim Decision *1846 

MAI lac or BOGIIDADI 

In Visa Petition Proceedings 

A-13191300 

Decided by Board March 27,1968 

Visa petition to accord beneficiary preference classification under section 203 (a ) 

(5) of the Inuaigration and Nationality Act, as amended, an the brother of the 

U.S. citizen petitioner, on the basis of his alleged adoption by petitioner's father 

at the time of the latter's marriage to beneficiary's mother in Egypt in 1942, 

is denied for lack of a valid adoption since religious law applied to personal 

status matters in Egypt and adoption Wan recognized neither under Egyptian 

(Islamic) law nor under Rabbinical (3ticlide) law. 

ON BEHALF or PEI:MOWER : 

Laurence IL Pearson, Esquire 

1501 Broadway, Slate 1904 

New York, New York 10030 

(Brief filed) 

ON BEHALP OF Sravloz : 

I. A. Vielbaber 

Appellate Trial Attorney 

The case comes forward on appeal from the order of the District 

Director, New York District, dated October 3, 196'T denying the visa 

petition for the reason that the petitioner is not related by blood to 

the beneficiary, each having been born of different parents; and that 

the petitioner has failed to submit any documentary evidence to substantiate the claim that the beneficiary- was legally adopted under the 

laws of his place of birth and/or his alleged stepfather's domicile; the 

beneficiary does not meet the definition of a "child," as set forth in 

section 101(b) (1) (D) (sic) of the Immigration and Nationality Act 

and therefore cannot qualify as a "brother" of the petitioner. The conclusion that the visa petition should be denied is correct, however, we 

do not necessarily adopt the basic set forth by the District Director for 

such denial. 

The petitioner, David Ganunal, was born in Alexandria, Egypt on 

March 15, 1923 to Maatouk Gemmel and his wife, Semha. He became 

a naturalized citizen of the United States on January 22, 1952. The 

petitioner's mother, Semha, died on May 2, 1942 in Cairo, Egypt. The 

beneficiary, born June 10, 1936 in Alexandria, Egypt, is the legitimate 

child of Mayer and Esther Boghdadi. The beneficiary's parents were 

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divorced on December 5, 1939 and Maatouk Gamma], the petitioner's 

father, and Esther Boghdadi, the beneficiary's mother, were married 

in Cairo, Egypt on August 20, 1942. All the parties named herein are 

of the Jewish faith. Evidence of the marriage and divorce of Esther 

and the subsequent marriage of Maatouk and Esther on August 20, 

1942 are supported by documents from the Grand Rabbinate of the 

Jewish community in Cairo and Alexandria, Egypt. 

It is claimed that the beneficiary is the adopted brother of the petitioner by virtue of the fact that prior to the marriage of Maatouk and 

Esther a marriage contract was signed which provided for the adoption of the beneficiary, the-bride's son by her first marriage, by Maatouk. No evidence is obtainable regarding such a marriage contract, nor 

is such an adoption mentioned in the marriage certificate of Maatouk 

and Esther. Affidavits have been submitted by sons and daughters of 

the first marriage of Maatouk attesting to the fact that their father 

married Esther, he also adopted the beneficiary, and that the beneficiary grew up with his family and was treated by Maatouk as a son 

equal to his natural children. The birth certificate of the beneficiary 

cannot be located. 

Section 101(4(1) (E) of the Immigration and Nationality Act, as 

amended, defines the term "child" to include a child adopted while under the age of 14 years. In Matter of Fong, 10 I. & N. Dec. 497, we 

held. -that an 'adopted brother was eligible for preference quota status 

if he qualified as an adopted child; that there was no distinction between an adopted child or adopted brother and sister, and ,between a 

natural child or brother and sister provided that the child met the 

requirements of section 101(b) (1) (E) of the Immigration and Nationality Act and that there existed a law under which an adoptive 

status could be created. 

The instant case was submitted to the Library of Congress for information whether under the circumstances outlined above, there occurred a legal adoption either under Egyptian law or under Rabbinical or Judaic law. The memorandum from the Library of Congress is 

attached and made a part hereof. Egypt, like most Middle Eastern 

countries, still follows the traditional system of applying religious law 

to personal status matters. Until January 1, 1956 Muslim, Christian, 

and Jewish communities in Egypt maintained their . own religious 

courts. Law No. 462, which became effective on January 1, 1956, 

abolished the religious courts and transferred their jurisdiction to the 

secular courts. In a dispute between two members of a non-Muslim 

community which cannot be settled according to the principles of 

their religious law, the principles of Islamic law will lie applied in 

rendering judgment. • 

821-654-69--14 667 
Interim Decision #1846 

A thorough search of the Rabbinical law concerning adoption reveals that no legal principles exist under Rabbinical law for the institution of adoption. The Jewish community in Egypt prior to Law 

No. 462 of January 1, 1956 would have had to refer all adoption matters to secular courts, which would apply the principles of Islamic 

law. However, in studying the principles of Islamic law, it is found 

that adoption also is nut recognized by Islamic law and that no claim 

of adoption can establish rights or obligations. 

Since the memorandum from the Library of Congress is to the effect 

that the concept of adoption was not recognized under Egyptian or 

Rabbinical law, the petitioner has not borne the burden of establishing 

preference quota, status on behalf of the beneficiary as his adoptive 

brother. The appeal will be dismissed. 

ORDER: It is ordered that the appeal be and the same is hereby 

dismissed. 

AD orrker UNDER TILE RELIGIOUS LAWS OF' THE JEWISH COMMUNITY 

nt EGYPT 

Egypt, like most Middle Eastern countries, still follows the traditional system of applying religious law to personal status matters. 

Until January 1, 1956, Muslim, Christian, and Jewish communities in 

Egypt maintained their own religious courts. Law No. 462, which became effective on January 1, 1956, abolished the religious courts and 

transferred their jurisdiction to the secular courts. As a result, application of Muslim, Christian, and Jewish religious laws is now entrusted 

to the civil courts. In a dispute betweentwo members of a non-Muslim 

community which cannot be settled according to the principles of their 

religious law, the principles of Islamic law will be applied in rendering 

judgment. 

A thorough search of the Rabbinical law concerning adoption 

reveals that no legal principles exist under Jewish law for such an 

institution. The Jewish community in Egypt prior to Law No. 462 of 

January 1,1956 would have had to refer all adoption matters to secular 

courts, which would apply the principles of Islamic law. However, 

in studying the principles of Islamic law, we find that adoption also is 

not recognized by Islamic law and that no claim of adoption can establish rights or obligations. 

Articles 911-918 of the Egyptian Civil and Commercial Procedure 

Law of 1949 as amended up to 1962 provide for the legalization of 

adoption -without distinction between citizens and aliens.' 

'The Ropptian Compilation of Lama (in Arabic, Al-Moteau'ah al-Miarlyah LilTashrto zaa al-cfor/W), Vol. 4, Alexandria, Egypt, 1962, p. 100, under Mnrafa'at. 

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Article 911. 

If the national law of the person wishing the adoption and the national law 

of the person to be adopted permit adoption, the interested parties must come 

before the president of the Court of First Instance of the domicile of one of the 

parties to record their declarations, after establishing that the conditions and 

requirements demanded by their national laws have been .complied with for the 

admissibility and validity of the adoption. 

Article 912. 

If 'the person wishing the adoption were the tutor, curator, or the legal administrator of the person to be adopted, no declarations shall be recorded until he 

resign his position and appoint another person to take over his duties. He must 

also submit an account of his administration of the minor's property, which has 

to be approved by the appropriate court. 

Article 913. 

At the request of the interested parties, a Judgment for the certification of the 

documents conts thing the declarations of adoption is issued by the court. 

Article 914. 

The judgment for certification must contain 'the names and surnames of the 

parties concerned and the new name and surname of the person adopted. 

Article 915. 

Normally a judgment for certification of adoption can be appealed only; however, the Public Prosecutor may attack an appeal against a judgment for 

certification. 

Article 916. 

A summary of judgment for certification of adoption must be published three 

times during a period or ninety days in two daily newspapers designated by the 

court. 

Article 917. 

During the ninety-day period following pronouncement of judgment, upon the 

request of the interested parties, excerpts from the judgment shall be inscribed 

in the margin of the birth register of the adopted's birthplace and in the margin 

of his birth certificate. If the adopted were foreign born, the full text of the 

judgment must be registered in a register specially provided for this purpose at 

the office of the clerk of the Cairo tribunal. 

Article .915. 

The court which rendered the judgment for certification of adoption shall have 

the competence to try any action brought for nullification, certification, or revo669 
Interim Decision #1846 

cation of adoption. The court shall base its decision on the national laws of the 

two parties, following in its judgment the provisions of the preceding two articles. 

Prepared by 

Dr. &hair E. Jwaideh, Chief 

Near Eastern and African Law Division 

Law Library—Library of Congress 

March, 1968 

670