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Keywords

attorneyappealfelonycitizenshipdeportationnaturalization
appealfelonycitizenshipdeportation

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Scales v. Immigration and Naturalization Service

Facts

Petitioner was born in the Philippines in 1977 to Stanley Scales, Sr., an American citizen-serviceman, and Aily Topaz, a Philippine citizen. After being convicted of possession with intent to deliver cocaine, the Immigration and Naturalization Service determined that he was deportable as an alien convicted of an aggravated felony. The Board of Immigration Appeals dismissed his appeal, asserting that he was not a U.S. citizen because there was no blood relationship between him and his father.

Petitioner was born in the Philippines in 1977, to Stanley Scales, Sr. ('Scales'), an American citizen-serviceman at the time, and Aily Topaz, a Philippine citizen.

Issue

Whether 8 U.S.C. 1401 requires a blood relationship between a person born outside the United States and his U.S. citizen parent to acquire citizenship at birth.

We must decide whether 8 U.S.C. 1401 requires a blood relationship between a person born outside the United States and his U.S. citizen parent, a question of first impression.

Rule

8 U.S.C. 1401(a)(7) states that a person born outside the U.S. to one U.S. citizen parent is a citizen at birth, without requiring a blood relationship.

8 U.S.C. 1401 requires only that petitioner was born of parents, one of whom was a United States citizen, in order to acquire citizenship.

Analysis

The court analyzed the statutory language of 8 U.S.C. 1401 and determined that it does not require a blood relationship between the child and the citizen parent. The court noted that the BIA's interpretation, which relied on the Foreign Affairs Manual, was not binding as the determination of citizenship is the responsibility of the Attorney General, not the State Department. The court concluded that the petitioner was a U.S. citizen at birth based on his father's citizenship.

A straightforward reading of 1401 indicates, however, that there is no requirement of a blood relationship.

Conclusion

The court granted the petition for review and reversed the order dismissing the petitioner's appeal, concluding that he acquired citizenship at birth and was not deportable.

Petition for review granted; order dismissing petitioner's appeal reversed because petitioner acquired citizenship at birth and was not deportable as an alien convicted of an aggravated felony; case remanded for further proceedings.

Who won?

Petitioner prevailed in the case because the court found that he acquired U.S. citizenship at birth through his father, thus negating the basis for his deportation.

Petitioner prevailed in the case because the court found that he acquired U.S. citizenship at birth through his father, thus negating the basis for his deportation.

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