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United States Ninth Circuit


BARTHELEMY v. ASHCROFT, 01-71529

An aggravated felon did not enjoy derivative citizenship under Immigration and Nationality Act section 321(a)(3), because his natural parents never married and thus could not legally separate, and that section does not discriminate on the basis of gender as applied to petitioner.

Appellate Information

  • Argued 12/04/2002
  • Decided 05/23/2003
  • Published 05/23/2003

Judges

  • Before NOONAN, BERZON, and TALLMAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Angela M. Bean, Angela M. Bean & Associates, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Ernesto Molina, Jr., Office of Immigration Litigation, Washington, D.C., for the respondent.
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