United States Second Circuit

Petition for review of BIA decision denying petitioner's motion to reopen removal proceedings to evaluate his claim of derivative citizenship is granted and the BIA's decision reversed where the statute in effect when petitioner was born, Immigration and Nationality Act of 1952, sections 301(a)(7), 309(a), (c) (codified at 8 U.S.C. 3 sections 1401(a)(7), 1409(a), (c) (1952)), violates the Fifth Amendment's guarantee of equal protection, and the proper remedy is to extend to unwed fathers the benefits unwed mothers receive under the statute.

Appellate Information

• Decided 07/08/2015
• Published 07/08/2015

Judges

• Lohier

Court

• United States Second Circuit

Counsel