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"After careful consideration of the Petition and the memoranda supporting and opposing the Government’s Motion to Dismiss, the Court, for the reasons that follow, GRANTS IN PART AND DENIES IN PART the Government’s Motion to Dismiss, DECLARES that the physical presence requirements under 8 U.S.C. § 1409, as that statute applied at the time of Petitioner’s birth, violate the Constitution’s guarantee of equal protection under the Fifth Amendment, and GRANTS Petitioner’s Petition for Writ of Habeas Corpus. ...
Importantly, this remedy does not amount to a grant of citizenship. Under the Court’s analysis of the constitutionality of § 1409(a) and (c), Petitioner has always been a United States citizen. ...
Absent the impermissible gender-based discrimination between unmarried citizen parents at issue here, Petitioner was a citizen as of his birth." - Villegas-Sarabia v. Johnson, Aug. 17, 2015.
[Hats way off to Lance Curtright!]