LexisNexis® Legal Newsroom
Second Circuit on derivative citizenship, custody, appointment of counsel: Garcia v. ICE

"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 ruled that Petitioner was not in his...

CA5 on ineffective assistance, derivative citizenship: USA v. Juarez

"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 element of both crimes...

DHS Hides Government Documents Confirming Esteban Tiznado's U.S. Citizenship

"As reported here several months ago, a jury found Esteban Tiznado had acquired U.S. citizenship at birth, through his father Jesus Tiznado, but in late 2011 Immigration and Customs Enforcement (ICE) deported him anyway . ICE continued to insist that his father was born in Mexico and not...

CA2 on Derivative Citizenship; Overrules ID 3621: Nwozuzu v. Holder

"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 August 2005 and April 2006, but his application...

Timothy Dugdale: Derivative Citizenship and Immigration Reform

"On January 3, 2014, the Ninth Circuit rang in the new year with a very interesting judgement. This case builds upon two previous showstoppers, Solis-Espinoza (2006) and Scales (2000) In both those cases, the judges read INA 1401/301as NOT requiring a blood relationship between a citizen parent...

CA9 on Derivative Citizenship: Brown v. Holder

"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 States citizen, because...

CA5 on Derivative Citizenship - Kamara v. Lynch

"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...

CA2 on Derivative Citizenship: Morales-Santana v. Lynch

"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 born, Immigration and Nationality...