Jaen v. Sessions

Husband (American) and wife (Panamanian) have seven kids. Yikes! Wife has affair (with another Panamanian) resulting in eighth child; the child is born in Panama and is raised as part of the family (which relocates to the U.S.). Is the father the American, in which case the now-former child is an American, or is the father the Panamanian, in which case the now-former child is not an American and can be deported (for a pair of drug convictions)? Second Circuit: Nothing in the statute says you need to be a biological parent to be a parent; American citizenship was acquired at birth, so no deporting him. Concurrence: Moreover, the gov’t detaining him for almost two years while we sorted this out on grounds that require “no grand innovation of law” is troubling.

Tags: 2018, Citizenship, Deportation, Second Circuit

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