Citizenship Harder To Prove Through Fathers
Recent Cases
An immigration law that extends citizenship to children whose mothers are naturalized does not violate due process by not following the same rule for fathers, the 2nd Circuit ruled.
Otis Grant, a Jamaican citizen, was convicted in 1996 of second-degree murder. He challenged the Board of Immigration Appeals' ruling that he should be deported, arguing that his father was naturalized before Grant's 18th birthday and that he should have derivative citizenship. The immigration judge disagreed, stating that Grant was not entitled to citizenship because his father did not have legal custody of him.
A three-judge panel decided not to focus on the custody issue. Instead, it ruled that in order for a father to confer citizenship on his child, the father must legitimize him, acknowledge him or prove paternity.
"A mother's parental status is verifiable from the birth itself," the court ruled. "There is no such obvious or compelling proof of a father's status."
Using that reasoning, the court ruled that Grant's rights to equal protection and due process were not violated. The court denied Grant's petition to review his deportation.
Related listings
-
Class Action Challenges Mandatory Electronic Filing
Recent Cases 07/18/2008Questions regarding whether LexisNexis Courtlink is licensed to do business in Georgia and the location of its registered agent prompted attorney Steven J. Newton to amend his complaint against the company and Fulton County State and Superior Court o...
-
Man Says Eminem Sucker-Punched Him
Recent Cases 07/15/2008Eminem sucker-punched a man as he used the urinal in a Detroit nightclub, the man claims in Oakland County Court. Miad Jarbou demands more than $100,000 from the rapper, whose real name is Marshall Mathers. Jarbou says he was using a urinal at Cheeta...
-
Man Says Social Security Guards Beat Him
Recent Cases 07/11/2008Private contract guards hired by the Social Security Administration assaulted a man, fracturing his hand, and maliciously prosecuted him because he clipped his fingernails while waiting in the Social Security office, the man claims in Federal Court. ...
Processing Change for Certain Form I-730 Petitions
USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will not be affected by this change. The mailing instructions for Form I-730 remain the same. Petitioners should continue to follow the Where to File directions on the Form I-730 page. This policy update is consistent with the Department of Labor’s (DOL’s) Standard Occupational Classification system. DOL defines economists as people who conduct research, prepare reports, or formulate plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy. Economists may collect and process economic and statistical data using sampling techniques and econometric methods.