Edwards v. Bryson
2012 U.S. Dist. LEXIS 104860
E.D. Pa.2012Background
- Edwards was born in Panama in 1965 and his parents were married at his birth.
- He was admitted to the United States as a lawful permanent resident on August 24, 1977.
- Edwards’ mother naturalized as a U.S. citizen in 1982 and his father in 1984; his parents divorced in 1985.
- Edwards obtained a U.S. passport in 1991 valid for ten years and it expired December 15, 2001.
- Edwards was indicted for cocaine trafficking in 2000 and convicted in March 2001.
- Edwards filed two N-600 applications (2001 and 2008) seeking citizenship; both were denied; the AAO remanded in 2009 and the denial was upheld in 2011; Edwards filed this §1503(a) suit seeking a declaration of U.S. citizenship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a valid or expired passport constitute conclusive proof of U.S. citizenship under 8 U.S.C. §2705 and §1503(a)? | Edwards argues a valid passport from 1991–2001 is conclusive proof of citizenship, and §2705 treats passports as conclusive evidence. | The Government argues only a valid passport is conclusive evidence of citizenship and an expired passport does not prove citizenship. | Passport evidence suffices to establish citizenship; expired status does not defeat conclusive proof under §2705. |
| Whether Edwards could derive citizenship through his mother’s naturalization under 8 U.S.C. §1432(a) if separation existed. | Edwards contends he derived citizenship via his mother's naturalization under §1432(a). | The Government contends Edwards did not derive citizenship because his parents were not legally separated. | Court did not need to decide this derivative theory because passport evidence already establishes citizenship. |
Key Cases Cited
- Magnuson v. Baker, 911 F.2d 330 (9th Cir.1990) (passport treated as conclusive proof of citizenship in all respects under §2705)
- Delmore v. Brownell, 236 F.2d 598 (3d Cir.1956) (burden shifting for §1503(a) citizenship claims; deprivation requires clear, convincing evidence)
- Richards v. Sec’y of State, Dep’t of State, 752 F.2d 1413 (9th Cir.1985) (§1503(a) affords de novo determination of citizenship status)