Record contained sufficient evidence to support I.J.’s removal order based on fact that alien was native and citizen of Mexico, and fact that alien had been convicted of two drug distribution counts. While alien asserted that he should have been deemed U.S. citizen due to fact that his mother was U.S. citizen at time of his birth, relevant section of INA prevented him from automatically deriving citizenship because his mother had not resided in U.S. for 10 years prior to his birth in Mexico. Moreover, although plaintiff asserted that said INA provision violated Equal Protection Clause, because other children born abroad could obtain automatic citizenship under different circumstances, Ct. found no equal protection violation, since governmental had rational basis for imposing 10-year physical presence requirement to ensure that children born abroad who became citizens had ties to United States.
Federal 7th Circuit Court
Civil Court
Immigration