In re Navas-Acosta

12 Cited authorities

INS v. Pangilinan
486 U.S. 875 (1988) Cited 321 times 1 Legal Analyses
Holding that the burden of demonstrating every aspect of eligibility for citizenship is on the alien
Hughes v. Ashcroft
255 F.3d 752 (9th Cir. 2001) Cited 78 times
Holding that the Child Citizenship Act of 2000 does not apply retroactively to lawful permanent residents who were older than eighteen years old at the time of the Act's effective date
United States v. Sotelo
109 F.3d 1446 (9th Cir. 1997) Cited 38 times
Holding that a defendant's admissions coupled with a prior deportation order was "sufficient proof" that he was not a United States citizen
Rabang v. I.N.S.
35 F.3d 1449 (9th Cir. 1994) Cited 36 times
Holding that birth in the Philippines during the territorial period does not constitute birth "in the United States" under the Citizenship Clause of the Fourteenth Amendment and thus does not give rise to U.S. citizenship
Rabang v. Boyd
353 U.S. 427 (1957) Cited 16 times
Rejecting argument that Congress did not have authority to alter the immigration status of persons born in the Philippines
Oliver v. U.S. Dept. of Justice, I. N. Serv
517 F.2d 426 (2d Cir. 1975) Cited 32 times
Finding that the petitioner did not qualify as a national because she continued to owe allegiance to Canada and had not chosen to renounce that allegiance by naturalizing
In re U.S.
316 F.3d 1071 (9th Cir. 2003) Cited 2 times
In Chavez-Orozco, 316 F.3d at 1072, a defendant who was charged with illegal entry after deportation argued, as a defense, that he was a national of the United States. The defendant argued that he had completed an application for naturalization and, in doing so, had signed an oath of allegiance to the United States. But the defendant later had asked to withdraw his application, and the INS had granted his request.
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,719 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,401 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”
Section 1421 - Naturalization authority
8 U.S.C. § 1421 Cited 950 times 1 Legal Analyses
Granting district courts the authority to conduct de novo review of denials of applications for naturalization
Section 1401 - Nationals and citizens of United States at birth
8 U.S.C. § 1401 Cited 469 times 6 Legal Analyses
Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born
Section 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
8 U.S.C. § 1481 Cited 255 times 4 Legal Analyses
Providing that United States nationality may be lost by "voluntarily performing" certain acts "with the intention of relinquishing United States nationality"

In re Navas-Acosta

12 Cited authorities

Holding that the burden of demonstrating every aspect of eligibility for citizenship is on the alien

Holding that the Child Citizenship Act of 2000 does not apply retroactively to lawful permanent residents who were older than eighteen years old at the time of the Act's effective date

Holding that a defendant's admissions coupled with a prior deportation order was "sufficient proof" that he was not a United States citizen

Holding that birth in the Philippines during the territorial period does not constitute birth "in the United States" under the Citizenship Clause of the Fourteenth Amendment and thus does not give rise to U.S. citizenship

Rejecting argument that Congress did not have authority to alter the immigration status of persons born in the Philippines

Finding that the petitioner did not qualify as a national because she continued to owe allegiance to Canada and had not chosen to renounce that allegiance by naturalizing

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Granting district courts the authority to conduct de novo review of denials of applications for naturalization

Granting citizenship to a child of one U.S.-citizen parent and one non-U.S. citizen parent provided that the U.S.-citizen parent was physically present in the United States for at least ten years—including at least five years after attaining the age of fourteen—before the child was born

Providing that United States nationality may be lost by "voluntarily performing" certain acts "with the intention of relinquishing United States nationality"