899 F.3d 182
2d Cir.2018Background
- Levy Alberto Jaen, born in Panama in 1972 while his mother was married to Jorge Boreland (a U.S. citizen naturalized in 1961), was listed on his birth certificate with another man as his father; Boreland raised him as a child.
- Jaen entered the U.S. in 1988 and remained in the country; he was convicted of two state drug offenses (2008 and 2014). ICE served a Notice to Appear in 2015 charging removability.
- Jaen consistently asserted U.S. citizenship through Boreland during immigration proceedings; the IJ and BIA rejected the claim and he remained detained throughout appeals.
- The Second Circuit granted Jaen’s petition for review, held he acquired U.S. citizenship at birth through Boreland, ordered termination of removal proceedings, and mandated his immediate release.
- The sole legal question decided was whether the word “parent” in former 8 U.S.C. § 1401(a)(7) includes a non‑biological husband of the mother (i.e., the presumptive father in a lawful marriage).
Issues
| Issue | Jaen’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether “parent” in former 8 U.S.C. § 1401(a)(7) includes a non‑biological husband of the mother | "Parent" incorporates the common‑law presumption of legitimacy; a child born into marriage is the legal child of the husband, so Boreland is Jaen’s parent | Citizenship by parentage requires a biological relationship; neither of Jaen’s biological parents was a U.S. citizen at his birth | Court held "parent" adopts the common‑law meaning presuming legitimacy of children born into marriage; Boreland is Jaen’s parent and Jaen acquired citizenship at birth |
Key Cases Cited
- INS v. Cardoza‑Fonseca, 480 U.S. 421 (de novo review of statutory interpretation questions)
- Miller v. Albright, 523 U.S. 420 (distinguishing birth and naturalization as sources of citizenship)
- Neder v. United States, 527 U.S. 1 (courts infer common‑law meanings for terms of art absent contrary direction)
- Michael H. v. Gerald D., 491 U.S. 110 (presumption of legitimacy for children born into marriage; protection of marital family)
- Russello v. United States, 464 U.S. 16 (textual omission in one statutory provision suggests deliberate congressional choice)
- Custis v. United States, 511 U.S. 485 (Congress knows how to require additional proof when it intends to)
- Sessions v. Morales‑Santana, 137 S. Ct. 1678 (treatment of out‑of‑wedlock parentage distinctions in citizenship law)
- Scales v. INS, 232 F.3d 1159 (9th Cir. holding that being born in wedlock can suffice for acquisition where biological link is unlikely)
- Drozd v. INS, 155 F.3d 81 (citizenship of persons born abroad governed by law in effect at time of birth)
- Hizam v. Kerry, 747 F.3d 102 (same)
- Gil v. Sessions, 851 F.3d 184 (Second Circuit precedent on de novo review of nationality claims)