2nd Circ. Axes Citizenship Rule Weighted Against Fathers

Law360, New York (July 8, 2015, 7:37 PM EDT) -- The Second Circuit ruled Wednesday that strict citizenship requirements for a child born outside the U.S. to an unmarried citizen father and non‐citizen mother ran afoul of the Fifth Amendment, finding that a green card holder fighting deportation had actually derived citizenship at birth through his father.

A three-judge panel for the Second Circuit, which included U.S. District Judge Jed Rakoff sitting by designation, found that petitioner Luis Ramon Morales‐Santana is a citizen by birth, and reversed the Board of Immigration Appeals' denial of his bid to reopen removal proceedings.

The case deals with a gender discrepancy between how citizenship is...

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