Criminal Defense of Immigrants



 
 

§ 3.13 (C)

 
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(C)  Resources.  For more information on citizenship, see K. Brady, Defending Immigrants in the Ninth Circuit: Impact of Crimes under California and Other State Laws (2007); Naturalization: A Guide for Community Advocates (ILRC, 1663 Mission St., Ste. 603, San Francisco CA 94103, www.ilrc.org);  D. Levy, Naturalization Handbook (West Publishing); W. Hing, Handling Immigration Cases (Federal Publications); National Lawyers Guild,  Immigration Law and Defense (West Publishing); Gordon, Mailman & Yale-Loehr, Immigration Law and Procedure (Matthew Bender 2007); Mautino, Acquisition of United States Citizenship, Bender’s Immigration Bulletin, Vol. 6, No. 1 (January 2001). 

Updates

 

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

 

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