Immigration Law

CA3 Derivative Citizenship Victory: Tineo v. Atty. Gen.

Tineo v. Atty. Gen.

"In plain terms, we are called to decide whether precluding a father from ever having his born-out-of-wedlock child derive citizenship through him can be squared with the equal-protection mandate of the Due Process Clause of the Fifth Amendment. ... We hold that, in this circumstance, the interplay of §§ 1101(c)(1), 1432(a)(2) and (a)(3) cannot be squared with the equal-protection mandate of the Due Process Clause of the Fifth Amendment. We will therefore grant Tineo’s petition. ... Jose Francisco Tineo became a U.S. citizen when his father naturalized and he was “under the age of eighteen years” and “residing in the United States pursuant to a lawful admission for permanent residence . . . .” See § 1432(a)(4) & (a)(5). That is since June 15, 1985. ... We will therefore grant the petition for review and vacate the order of removal."

[Hats way off to Nick Curcio!]