Jaffal v. Director "Appellant Imad Jaffal, born in Jordan, seeks a declaration that he is entitled to derivative U.S. citizenship under former 8 U.S.C. § 1432(a). That statute provides that “a child born outside the United States automatically acquires United...
(ORDER LIST: 595 U.S.) MONDAY, OCTOBER 18, 2021 CERTIORARI -- SUMMARY DISPOSITIONS 20-1492 ABDULLA, ABDULMALIK M. V. GARLAND, ATT'Y GEN. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States...
Cheneau v. Garland "We voted to rehear this case en banc to consider the requirements for two different pathways by which a child of a naturalized citizen parent can derive U.S. citizenship under former 8 U.S.C. § 1432(a)(5) (1994) (repealed 2000). Under...
Cheneau v. Rosen "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion [ Cheneau v. Barr, 971 F...
Espichan v. Atty. Gen. "Arturo Nicola Espichan came to the United States from Peru as a 14-year-old to live with his father, who shortly after became a U.S. citizen. When the Government later sought to deport Espichan for having committed an aggravated felony...
"Petitioner Luis Ramon Morales‐Santana seeks review of a Board of Immigration Appeals (“BIA”) decision denying his motion to reopen his removal proceedings to evaluate his claim of derivative citizenship. Under the statute in effect when Morales‐Santana was...
"Petitioner Hamid Kamara (“Kamara”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) finding that he lacked derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). We hold that the BIA...
"Mark Brown, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of removal. In the administrative proceedings, Brown argued that he was or should be deemed a United...
"The question presented is whether Nwozuzu's failure to become a lawful permanent resident before turning eighteen years old bars him from claiming derivative citizenship from his parents. We hold it does not. ... Nwozuzu applied for citizenship in...
"The defendant-appellant (Juarez) appeals the district court’s decision on his ineffective assistance of counsel claim. Juarez’s counsel failed to independently research and investigate the derivative citizenship defense. Citizenship is a defense to the alienage...
"Appeal from judgment of the United States District Court for the Western District of New York (Telesca, J.). The district court denied Petitioner habeas corpus relief after finding that Petitioner did not derive citizenship from his father; the district court...