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appealcitizenshipliens
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Fitzpatrick v. Sessions

Facts

Margarita Del Pilar Fitzpatrick, a citizen of Peru, lived in the U.S. for three years before applying for a driver's license in Illinois. While filling out the application, she displayed her green card and Peruvian passport but also checked a box claiming U.S. citizenship. Despite warnings against this, she was registered to vote and participated in federal elections in 2006. Her voting came to light during her 2007 citizenship application process.

Margarita Del Pilar Fitzpatrick, a citizen of Peru, lived in the U.S. for three years before applying for a driver's license in Illinois. While filling out the application, she displayed her green card and Peruvian passport but also checked a box claiming U.S. citizenship. Despite warnings against this, she was registered to vote and participated in federal elections in 2006. Her voting came to light during her 2007 citizenship application process.

Issue

Did Fitzpatrick have official authorization to vote in federal elections despite being an alien, and was her removal justified under federal law?

Did Fitzpatrick have official authorization to vote in federal elections despite being an alien, and was her removal justified under federal law?

Rule

Aliens are prohibited from voting in federal elections under 18 U.S.C. 611 and can be removed under 8 U.S.C. 1227(a)(6) for such violations. The defense of 'official authorization' requires accurate disclosures to a public official and permission from that official.

Aliens are forbidden to vote in federal elections. 18 U.S.C. �1. Another statute, 8 U.S.C. r27(a)(6), provides for the removal of aliens who vote in violation of either state or federal law.

Analysis

The court determined that Fitzpatrick could not establish the defense of official authorization because she did not make accurate disclosures regarding her citizenship when applying for her driver's license. The clerk's response of 'It's up to you' was interpreted as a refusal to provide advice rather than an assurance of legality. The court emphasized that Fitzpatrick, being literate in English, should have understood the implications of her actions and sought clarification regarding her voting eligibility.

The court determined that Fitzpatrick could not establish the defense of official authorization because she did not make accurate disclosures regarding her citizenship when applying for her driver's license. The clerk's response of 'It's up to you' was interpreted as a refusal to provide advice rather than an assurance of legality. The court emphasized that Fitzpatrick, being literate in English, should have understood the implications of her actions and sought clarification regarding her voting eligibility.

Conclusion

The court denied Fitzpatrick's petition for review, affirming the Board of Immigration Appeals' decision to uphold her removal from the United States.

The court denied Fitzpatrick's petition for review, affirming the Board of Immigration Appeals' decision to uphold her removal from the United States.

Who won?

The government prevailed in the case, as the court upheld the removal of Fitzpatrick based on her admission of voting illegally as an alien.

The government prevailed in the case, as the court upheld the removal of Fitzpatrick based on her admission of voting illegally as an alien.

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