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Keywords

jurisdictioncitizenshipnaturalizationrespondentdeclaratory judgment
plaintiffdefendantjurisdictionattorneycitizenshipnaturalizationrespondentdeclaratory judgment

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Said v. Eddy

Facts

Hawa Said was born in Yemen and brought to the United States as a child. She claimed U.S. citizenship based on her father's naturalization while she was a minor. After being convicted of a drug-related offense, she was placed in removal proceedings. Although she initially raised her citizenship claim during these proceedings, she later voluntarily terminated them through a stipulation with the INS, which led to the dismissal of her complaint for declaratory relief.

Petitioner/plaintiff was born in Yemen, and brought to the United States as a child. Petitioner/plaintiff claimed U.S. citizenship. Respondents/defendants were district director of the U.S. Immigration & Naturalization Service (INS), commissioner of the INS, and the U.S. Attorney General. Petitioner/plaintiff was convicted in state court for misconduct involving a controlled substance and ordered detained by the INS.

Issue

Whether Hawa Said could maintain a declaratory action pursuant to 8 U.S.C.S. 1503(a) given that her claim of nationality arose during a removal proceeding.

The issue was whether petitioner/plaintiff could maintain a declaratory action pursuant to8 U.S.C.S. 1503(a).

Rule

8 U.S.C.S. 1503(a) precludes a declaratory action if the claim of nationality arose in connection with a removal proceeding.

Subsection 1503(a) precludes a declaratory action in the present case in two ways. First and foremost, no department, agency, or official thereof has denied plaintiff's claim that she is a United States citizen.

Analysis

The court determined that Said's claim of U.S. citizenship arose during her removal proceedings, which precluded her from seeking a declaratory judgment under 8 U.S.C.S. 1503(a). The court noted that there was no final administrative denial of her citizenship claim, as the immigration judge had not made a definitive ruling on her citizenship status.

The court determined that Said's claim of U.S. citizenship arose during her removal proceedings, which precluded her from seeking a declaratory judgment under 8 U.S.C.S. 1503(a).

Conclusion

The court dismissed Said's complaint for declaratory and injunctive relief, concluding that she was precluded from invoking the court's jurisdiction under 8 U.S.C.S. 1503(a).

The court dismissed Said's complaint for declaratory and injunctive relief, concluding that she was precluded from invoking the court's jurisdiction under 8 U.S.C.S. 1503(a).

Who won?

The respondents (INS officials) prevailed because the court found that Said's claim was barred by the statutory provisions of 8 U.S.C.S. 1503(a).

The respondents (INS officials) prevailed because the court found that Said's claim was barred by the statutory provisions of 8 U.S.C.S. 1503(a).

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