Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit ruled against DOS in its quest to deny the U.S. citizenship of one of two twins born abroad to a gay married couple. A three-judge panel unanimously affirmed the district court’s decision concluding that 4-year-old Ethan Dvash-Banks is an American citizen despite being conceived with sperm of an Israeli father and being born in Canada using a surrogate mother. The boy’s other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth
Filed under: best deportation attorney | Tagged: born outside the U.S., Citizenship, Derivative Citizenship | Leave a comment »
Posted on March 27, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit upheld the BIA’s decision affirming the IJ’s finding that the LPR petitioner, who was born in the Dominican Republic to unwed parents, was ineligible for derivative citizenship through his father’s naturalization, because he was not a legitimated “child” as the term is defined in INA §101(c)(1) and used in former INA §321(a).
Filed under: best deportation attorney | Tagged: Citizenship, Derivative Citizenship, legitimation | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.
The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.
Filed under: Immigration Attorney | Tagged: Citizenship, Derivative Citizenship | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.
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Filed under: Citizenship | Tagged: Citizenship, Citizenship and Immigration Data Repository System, citizenship application, claim to US Citizenship, Derivative Citizenship, U.S. Citizens, U.S. Citizenship, US Citizen | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DC Circuit upheld the district court, ruling that the Fourteenth Amendment’s Citizenship Clause does not extend birthright citizenship to those born in American Samoa, because the Citizenship Clause is textually ambiguous as to whether “in the United States” encompasses America’s unincorporated territories, and it is “impractical and anomalous” to impose citizenship by judicial fiat where doing so would override the democratic prerogatives of the American Samoan people.
https://cbocalbos.wordpress.com/tag/u-s-citizen/
https://cbocalbos.wordpress.com/tag/child-citizenship-act/
https://cbocalbos.wordpress.com/tag/certificate-of-citizenship/
https://californiaimmigration.us/child-citizenship/
Filed under: Citizenship | Tagged: acquisition of U.S. Citizenship, america somoa, Citizenship, Derivative Citizenship, U.S. Citizenship | Leave a comment »
Posted on February 1, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/sHT1h Another win for the Immigration Law Offices of Brian D. Lerner
Case with a long history before the Immigration Court was administratively closed in 2006 when DHS was not ready to proceed. Client has a conviction for lewd and lascivious acts with a minor (possibly an aggravated felony) but still qualifies for Naturalization. Natz application was filed but officer would not adjudicate application unless proceedings were terminated. Motion to recalendar and terminate was filed and case was terminated without a hearing.
USCIS
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Filed under: Immigration Attorney | Tagged: Citizenship, Citizenship and Immigration Data Repository System, citizenship application, citizenship for liberians, Citizenship Rights and Responsibilities, claim to US Citizenship, Derivative Citizenship, Immigration Attorney, U.S. Citizenship | Leave a comment »
Posted on January 16, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 28, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the appellant’s attorney failed to independently research the appellant’s derivative citizenship defense before advising him plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, Derivative Citizenship, Immigration Attorney, Ineffective Assistance | Leave a comment »
Posted on February 28, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the appellant’s attorney failed to independently research the appellant’s derivative citizenship defense before advising him plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge.
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Derivative citizenship, is it possible?
Filed under: Derivative Citizenship | Tagged: Atty.Brian D. Lerner, Derivative Citizenship, Immigration Attorney, Ineffective Assistance | Leave a comment »
Posted on February 3, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 