Adel Dessouki v. Attorney General United States
915 F.3d 964
| 3rd Cir. | 2019Background
- Adel Dessouki was born in France in 1982 to unmarried parents; he entered the U.S. with his mother and lived with his father.
- His mother became a lawful permanent resident; his father later naturalized as a U.S. citizen. Dessouki remained on parole status.
- In 2003 Dessouki was convicted of drug felonies and the government initiated removal proceedings; an IJ initially terminated them for failure to prove alienage, but proceedings were later reopened and another IJ found he was not a citizen and ordered removal.
- Dessouki was removed to France, reentered the U.S. unlawfully, pled guilty to reentry after deportation, and was sentenced to time served.
- He repeatedly sought to reopen/reconsider immigration proceedings and filed a §1503(a) action in district court; the Board and district court denied relief, and Dessouki appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court of appeals has jurisdiction to decide an asserted U.S. nationality claim under 8 U.S.C. §1252(b)(5)(A) | §1252(b)(5)(A) requires appellate courts to decide nationality claims; Dessouki urged review | Government argued limited review or other jurisdictional limits (implicit in agency posture) | Court held §1252(b)(5)(A) grants jurisdiction; courts must decide nationality claims to prevent wrongful deportation of citizens |
| Whether Dessouki derived citizenship from his father’s 1998 naturalization under then-applicable law (8 U.S.C. §1432(a) framework) | Dessouki claimed derivative citizenship through his father’s naturalization and parents’ separation | Government argued statutory requirements weren’t met because parents never married and statutory paths require marriage, legitimation, or formal legal separation | Court held Dessouki is not a U.S. citizen: parents never married so he cannot meet the statute’s legal-separation or legitimation predicates; derivative citizenship fails |
Key Cases Cited
- Ng Fung Ho v. White, 259 U.S. 276 (1922) (an asserted claim of citizenship challenges an essential jurisdictional fact and requires judicial review to prevent wrongful deportation)
- Morgan v. Attorney General, 432 F.3d 226 (3d Cir. 2005) (interpreting §1252(b)(5)(A) and standards for legal separation analysis)
- Jordon v. Attorney General, 424 F.3d 320 (3d Cir. 2005) (framework for derivative citizenship claims under former §1432(a))