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Court Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization

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).

Court Finds Government Met Its Burden of Proving Petitioner’s Alienage

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.

If your born in America Samoa are you a U.S. Citizen at birth?

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.

CA5 on Ineffective Assistance and Derivative Citizenship

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.

CA9 on Derivative Citizenship and Equal Protection

The court held the petitioner did not derive citizenship under the controlling statute – 8 U.S.C. § 1432(a) – because only one of his parents naturalized before his eighteenth birthday, and that the statute did not deny equal protection.

Derivative Citizenship

The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)

Derivative Citizenship

Automatic Vesting of Derivative Citizenship – Avvo.com http://ping.fm/JwxuP

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