627 F. App'x 18
2d Cir.2015Background
- Dussard, a Jamaican citizen, petitions for review of a BIA removal order to Jamaica.
- Petitioner seeks derivative U.S. citizenship through his mother’s naturalization in 1990.
- Derivative citizenship under former 8 U.S.C. § 1432(a) requires legitimation by the child’s father via the mother’s naturalization.
- Dussard’s paternity theory rests on Jamaican legitimation by his mother’s marriage to Roy Dussard in 1980.
- Birth certificate does not list Roy as father, but records show substantial indicia supporting paternity.
- IJ and BIA concluded Dussard was legitimated under Jamaican law; the petition is denied on citizenship grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dussard derives U.S. citizenship from his mother’s naturalization. | Dussard argues paternity not established by legitimation. | Lynch argues paternity was established through legitimation via the mother’s marriage. | Derivative citizenship denied. |
Key Cases Cited
- Ashton v. Gonzales, 431 F.3d 95 (2d Cir. 2005) (applies law in effect at time last requirement for derivative citizenship)
- Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524 (2d Cir. 2006) (relevant de novo review of nationality claims)
- Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) (agrees with false in one thing, false in everything doctrine in credibility)
- In re Hines, 24 I. & N. Dec. 544 (BIA 2008) (legitimation via parental marriage under Jamaican law)
- In re Cross, 26 I. & N. Dec. 485 (BIA 2015) (overruled prior Hines to some extent on derivative citizenship)
- Morales-Santana v. Lynch, 792 F.3d 256 (2d Cir. 2015) (de novo review of nationality claims under 8 U.S.C. §1252(a)(2)(D))