A person who is a U.S. citizen or national may not be deported or subjected to other adverse immigration consequences (unless the citizenship is first revoked or lost[32]).  Deportation of a United States citizen is unconstitutional, no matter what.[33]         

 

It is critical to ask each client whether s/he is a U.S. citizen or U.S. national.[34]  If you have a client with a name like Michael Jackson who speaks perfect colloquial American English and appears fully Caucasian, he may turn out to be a citizen of Canada who has lived here since he was two years old and who is a Lawful Permanent Resident.  There is absolutely no way to learn of the great immigration jeopardy he is in without asking him his immigration status.

 

                Common documentation of U.S. citizenship includes a birth certificate establishing that the client was born in the United States (or a listed possession); a United States passport, a U.S. Certificate of Citizenship, INS Form N-560 or N-561; a U.S. Certificate of Naturalization, INS Form N-550 or N-570, and a U.S. Citizen Identification Card, INS Form I-179.  For suggestions concerning proof of citizenship, see § 15.4(B), infra.

[32] See § 3.20, infra.

[33] Trop v. Dulles, 356 U.S. 86 (1957) (deportation of a United States citizen violates the Eighth Amendment); Ng Fung Ho v. White, 259 U.S. 276 (1922); Fierro v. INS, 66 F.Supp.2d 229, 231 (D. Mass. 1999) (“The INS has no discretion to execute removal orders against United States citizens.”).

[34] See § 3.18, infra.

Second Circuit

CITIZENSHIP - COUNSEL'S DUTY TO VERIFY - NONCITIZENS' BELIEF THEY CANNOT BE DEPORTED IF THEY HAVE PAPERS
It is common for noncitizens to believe the concept of "citizen" includes a lawful permanent resident with papers legalizing their immigration status in the United States. (E.g., People v. Castro-Vasquez (2d Dist. March 26, 2007) 148 Cal.App.4th 1240, 1246 n.6, 56 Cal.Rptr.3d 406 ["However, the probation officer stated in his report that he told appellant he could be deported and appellant replied, 'That's O.K., I have papers.'").

Ninth Circuit

CITIZENSHIP " DERIVATIVE CITIZENSHIP " STEPCHILDREN
Acevedo v. Lynch, ___ F.3d ___, 2015 WL 4999292 (9th Cir. Aug. 24, 2015) (the definition of child in citizenship and naturalization provisions of INA does not include stepchildren).

CITIZENSHIP - FACTUAL QUESTION CONCERNING IDENTITY OF PETITIONER'S FATHER
Ayala-Villanueva v. Holder, 572 F.3d 736 (9th Cir. Jul.14, 2009) ("a genuine factual dispute [exists] concerning the identity of Ayala's father and . . . the resolution of this factual dispute will determine whether or not Ayala acquired derivative citizenship. Accordingly, we transfer the proceedings to the [district court] for a new hearing on [his] nationality claim and a decision on that claim as if an action had been brought" for declaratory relief under 28 U.S.C. 2201. 8 U.S.C. 1252(b)(5)(B)") (internal quotes omitted), citing Chau v. INS, 247 F.3d 1026, 1032 (9th Cir. 2001).

Other

RESOURCES " CITIZENSHIP " DERIVATIVE CITIZENSHIP " CHART
chart at http://www.ilrc.org/files/documents/natz_chart-c-2016-3-29.pdf