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Immigration Law

Midwife Border Birth Citizenship Victory: Espinoza v. Pompeo

Espinoza v. Pompeo

"Plaintiff Roberto J. Espinoza (“Plaintiff”) brings this suit based on the U.S. Department of State’s denial of his application for a U.S. passport. After careful consideration, the Court finds that judgment should be entered in favor of Plaintiff and issues its findings of fact and conclusions of law pursuant to Rule 52(a). ... [D]espite the contemporaneous foreign birth certificate and the delayed Texas birth certificate, based on the entirety of the evidence, the Court concludes that Plaintiff has rebutted the presumption of alienage and satisfied his burden of establishing, by a preponderance of the evidence, that he is a citizen of the United States by birth. ... Based on the foregoing, the Court concludes that Plaintiff Roberto J. Espinoza has satisfied his burden of proof by a preponderance of the evidence. He is a citizen by virtue of birth. On the record before the Court, he is entitled to a United States passport."

[Hats off to Javier Maldonado!]