792 F.3d 256
2d Cir.2015Background
- Morales-Santana seeks review of a March 3, 2011 BIA decision denying his motion to reopen removal proceedings based on derivative citizenship.
- Under the 1952 Act, citizenship transmission depends on whether the foreign-born child is connected to a citizen mother (one-year continuous presence) or a citizen father (ten years total, five after age fourteen).
- Morales-Santana’s father satisfied the mother-based requirements but not the stricter father-based requirements applicable in 1952 Act § 1401(a)(7).
- Morales-Santana was born in the Dominican Republic in 1962; his father, a U.S. citizen by virtue of the Jones Act, left Puerto Rico in 1919 and later worked abroad; Morales-Santana was legitimized in 1970 and admitted as a lawful permanent resident in 1975.
- The court ultimately holds Morales-Santana derived U.S. citizenship at birth through his father and reverses/remands to allow derivative citizenship analysis consistent with that holding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal protection of gender distinctions | Morales-Santana argues § 1409(a)/(c) discriminate by gender. | Government contends distinctions serve important immigration objectives. | Gender-based distinctions invalid; apply intermediate scrutiny. |
| Remedy for equal protection violation | Remedial options include extending the one-year standard to all or severing the ten-year rule. | Government favors severance or maintaining the status quo with adjustments. | Third option adopted: sever the ten-year requirement in § 1409(a)/(a) and apply the one-year standard when the other parent lacks citizenship. |
| Statutory gaps and related arguments | Gaps or specific employment or possession arguments should alter presence requirements in favor of Morales-Santana. | These arguments fail to justify the gender-based disparity. | rejected; no merit to statutory arguments that preserve the gender-based scheme. |
Key Cases Cited
- Flores-Villar v. United States, 536 F.3d 990 (9th Cir. 2008) (addressed similar statute; intermediate scrutiny applied by some circuits)
- Nguyen v. INS, 533 U.S. 53 (U.S. 2001) (upheld legitimation and related distinctions; discusses opportunity to develop relation)
- Miller v. Albright, 523 U.S. 420 (U.S. 1998) (not applying Fiallo deferential standard to citizenship challenges)
- Lake v. Reno, 226 F.3d 141 (2d Cir. 2000) (inference that heightened scrutiny may apply to citizenship claims)
- Fiallo v. Bell, 430 U.S. 787 (U.S. 1977) (diagnoses rational basis review for immigration preferences)