Sigifredo Iracheta v. Eric Holder, Jr.
2013 U.S. App. LEXIS 18857
| 5th Cir. | 2013Background
- Saldana was born in 1964 in Matamoros, Tamaulipas, to a U.S. citizen father and a Mexican mother.
- His birth was registered by both parents when he was about 29 months old, though they were not married.
- DHS repeatedly denied his N-600 citizenship applications; some siblings were granted citizenship under different laws.
- Saldana has a long immigration history, including prior removals and later reentries; he was deported in 1992 and subsequently removed in 1995 and 1999.
- DHS reinstated a 1999 removal order in 2012 after denying a probative citizenship claim.
- The court grants review of Saldana’s nationality claim and remands to determine citizenship status under Tamaulipas law and INA §301/§309.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Saldana acquired U.S. citizenship at birth from his father under INA §309. | Saldana was legitimated by Tamaulipas law through paternal acknowledgment. | DHS previously denied citizenship based on Mexican law and differing interpretations. | Yes; Saldana acquired citizenship via legitimation under Tamaulipas law. |
| Whether Tamaulipas’ legitimation/acknowledgment rights confer full filial rights equivalent to legitimation for INA purposes. | Acknowledged children have full filial rights as legitimated children. | The foreign-law labeling of legitimation vs acknowledgment may differ, but substantive rights matter. | Yes; acknowledgment conferred full filial rights, satisfying INA §309. |
| Whether the court has jurisdiction to review the nationality claim in a reinstatement appeal under 8 U.S.C. §1252(b)(5). | Court may de novo review nationality claims in reinstatement context. | Review limited to reinstatement order, with de novo review where appropriate. | Court has jurisdiction to conduct de novo review of the nationality claim. |
Key Cases Cited
- Lopez v. Holder, 563 F.3d 107 (5th Cir. 2009) (de novo nationality review where warranted by facts)
- Omolo v. Gonzales, 452 F.3d 404 (5th Cir. 2006) (jurisdictional facts in removal/reinstatement proceedings)
- Marquez-Marquez v. Gonzales, 455 F.3d 548 (5th Cir. 2006) (de novo determination of nationality claims under §1252(b)(5))
- Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006) (review of nationality claims in reinstatement context)
- Matter of Oduro, 18 I. & N. Dec. 421 (BIA 1983) (substantive equality of rights used to define legitimation)
- Cabrera, 21 I. & N. Dec. 589 (BIA 1996) (definition of legitimation and equal rights for out-of-wedlock children)