Dessouki v. Attorney General United States

Dessouki was born in France in 1982. His parents never married; they separately immigrated to the U.S. Though they entered on temporary visas, his mother became a lawful permanent resident and his father a U.S. citizen. Dessouki remained on parole status. In 2003, Dessouki was convicted of drug-related felonies. The government sought to remove him but failed to prove that Dessouki was an alien. An IJ terminated his removal proceedings. A few years later, the government reopened the proceedings. A different IJ rejected Dessouki’s claim that he was a citizen. Dessouki, removed to France, returned to the U.S. and pleaded guilty to re-entry after deportation. Dessouki continued to claim citizenship. He unsuccessfully asked an IJ to reopen his removal proceedings. The Board of Immigration Appeals affirmed and denied a motion to reconsider. Dessouki then sought a declaration that he is entitled to “derived” citizenship through his father under 8 U.S.C. 1503(a). The district court dismissed for lack of subject-matter jurisdiction. The Third Circuit concluded that it must decide the issue and dismissed an appeal. Dessouki does not satisfy any of the statutory alternatives for derivative citizenship that existed at the time: his mother was never naturalized; both parents are alive; and there was no legal separation of his parents. View "Dessouki v. Attorney General United States" on Justia Law