United States Second Circuit

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Morales-Santana v. Lynch, 11-1252

In a petition seeking review of the Board of Immigration Appeal (BIA)'s decision denying petitioner's motion to reopen his removal proceedings, the court held that the gender-based differences in transmitting derivative citizenship in effect at petitioner's birth under the Immigration and Nationality Act of 1952, 8 U.S.C. section 1409(c) (1952), violate the Equal Protection Clause. The court held that the same standards for transmitting derivative citizenship through citizen unwed mothers apply to citizen unwed fathers, and held that petitioner received derivative citizenship from his father.

Appellate Information

  • Decided 10/30/2015
  • Published 10/30/2015

Judges

  • LOHIER

Court

  • United States Second Circuit

Counsel