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Keywords

adoptioncitizenship
adoptioncitizenship

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Marquez-Marquez v. Gonzales

Facts

In 1980, petitioner was adopted, but there was no claim of any relationship between the adoptive father and petitioner prior to 1973. Petitioner was ordered to serve 72 months in prison for a possession with intent to distribute offense. While she was serving the federal sentence, petitioner filed an application that sought a determination that she was a U.S. citizen. The application was denied. Petitioner was deemed subject to removal, and the BIA affirmed that determination.

In 1980, petitioner was adopted, but there was no claim of any relationship between the adoptive father and petitioner prior to 1973. Petitioner was ordered to serve 72 months in prison for a possession with intent to distribute offense. While she was serving the federal sentence, petitioner filed an application that sought a determination that she was a U.S. citizen. The application was denied. Petitioner was deemed subject to removal, and the BIA affirmed that determination.

Issue

Did the petitioner automatically obtain U.S. citizenship pursuant to 301(g) of the Immigration and Nationality Act by virtue of her adoption by a U.S. citizen?

Did the petitioner automatically obtain U.S. citizenship pursuant to 301(g) of the Immigration and Nationality Act by virtue of her adoption by a U.S. citizen?

Rule

Under 301(g) of the Immigration and Nationality Act, a person must be born of a U.S. citizen parent to automatically obtain citizenship at birth.

Under 301(g) of the Immigration and Nationality Act, a person must be born of a U.S. citizen parent to automatically obtain citizenship at birth.

Analysis

The court applied the rule by examining the undisputed facts of the case, which indicated that the petitioner was born to unmarried Mexican citizens and was adopted by a U.S. citizen after her birth. The court concluded that since the statutory conditions for citizenship were not met at the time of her birth, the petitioner did not acquire U.S. citizenship through her adoption.

The court applied the rule by examining the undisputed facts of the case, which indicated that the petitioner was born to unmarried Mexican citizens and was adopted by a U.S. citizen after her birth. The court concluded that since the statutory conditions for citizenship were not met at the time of her birth, the petitioner did not acquire U.S. citizenship through her adoption.

Conclusion

The court denied the petitioner's request for review of the BIA's determination, affirming that she was an alien subject to removal.

The court denied the petitioner's request for review of the BIA's determination, affirming that she was an alien subject to removal.

Who won?

The government prevailed in the case because the court upheld the BIA's determination that the petitioner did not meet the requirements for U.S. citizenship and was subject to removal.

The government prevailed in the case because the court upheld the BIA's determination that the petitioner did not meet the requirements for U.S. citizenship and was subject to removal.

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