Tag Archives: DHS

Non-existing law was applied when deporting U.S. Citizen

This is a very interesting case regarding immigration and obtaining citizenship through a U.S. citizen parent.  Basically, this case used Article 314 of the Mexican Constitution when determining whether to deport individuals who claim American citizenship.

In Mexico, Saldana was born to an American male and a Mexican female. His birth certificate listed both parents.  DHS deported him and denied his citizenship application on the basis that he was born out-of-wedlock.

According to DHS, Article 314 provided that children born out of wedlock can only be legitimized if the couple marries subsequently. At oral argument, however, the government admitted that Article 314 did never existed.  DHS then cited Article 130 alleging it required marriage for legitimacy of children.

The Fifth Circuit Court of Appeals held in their opinion disagreed. Article 130 merely cited that marriage was a civil contract, rather than a religious one.  In addition, the court noted that this article said nothing about the legitimization of children.  The court explained,

In sum, under the laws of Tamaulipas, Mexico, where Saldana was born and resided as a child, he was acknowledged by his father when his father placed his name on the birth certificate before the Civil Registry.  As an acknowledged child, Saldana had the same filial rights vis-a-vis his father as a “legitimated” child.

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Filed under civil rights, federal, immigration

DHS must release records under FOIA

On Nov. 27, the federal District of Columbia ruled on DHS’s withholding of records under FOIA exemptions.  The American Immigration Council submitted a FOIA request to DHS.  In response, DHS released two pages.  The American Immigration Council then filed the lawsuit.

In its complaint, the American Immigration Council stated, “CBP officers have prevented attorneys from accompanying their clients during inspections, limited the scope of representation, refused to accept supporting documentation proffered by attorneys, and actively dissuaded noncitizens from hiring attorneys.”

The Court ruled that DHS must submit a new affidavit to demonstrate the adequacy of USCIS’ search, and must release 2/3 of the records withheld.

The Court stated,

“After sitting on a fairly standard Freedom of Information Act request by plaintiff American Immigration Council for almost a year, defendant U.S. Citizenship and Immigration Services (a component of the Department of Homeland Security, the other defendant) produced a response riddled with errors.”

“After in camera review, the court concludes that two-thirds of the withheld records contested by the Council should have been largely or wholly released.”

“FOIA cases count on agencies to do their jobs with reasonable diligence. USCIS must do better.”

via Courthouse News Service.

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Filed under Appellate, civil rights, discovery, FOIA, immigration, legal decision