Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Levy v. U.S. Attorney General

United States Court of Appeals, Eleventh Circuit

February 22, 2018

HOWARD PAUL LEVY, Petitioner,
v.
U.S. ATTORNEY GENERAL, Respondent.

         Petitions for Review of a Decision of the Board of Immigration Appeals Agency No. A039-072-266

          Before ED CARNES, Chief Judge, TJOFLAT, and WILLIAM PRYOR, Circuit Judges.

          ON PETITION FOR REHEARING

          PER CURIAM:

          The Court grants the petition for panel rehearing, withdraws the previous opinion published in this case on September 19, 2017, and substitutes the following opinion.

         Howard Paul Levy petitions for review of the Board of Immigration Appeals' order affirming his removal from the United States. Levy is a native and citizen of Jamaica. His father acknowledged paternity at birth but never married Levy's mother. Levy's father became a lawful permanent resident of the United States in 1978, obtained full custody of Levy in 1984, and became a naturalized citizen in 1985. Levy became a lawful permanent resident of the United States in 1985 and resided with his father. Levy's mother never resided nor acquired immigration status in the United States and died in 2013.

         After a jury convicted Levy for conspiracy to commit mail fraud, 18 U.S.C. § 1349, the Department of Homeland Security began proceedings to remove him from the country. The Immigration Judge sustained the removal charge. Levy moved to terminate the proceedings, contending that he is a United States citizen by way of his father's naturalization. The IJ denied his motion and Levy appealed to the BIA, which adopted and affirmed the IJ's ruling and dismissed his appeal.

         Levy contends that the derivative naturalization statute at issue, former Immigration and Nationality Act § 321(a)(3), 8 U.S.C. § 1432(a)(3) (1985), [1] violates his Fifth Amendment rights because it discriminates based on gender and legitimacy and "burden[s] his fundamental right to maintain his family unit." We review de novo constitutional challenges to the INA. 8 U.S.C. § 1252(a)(2)(D); see Cole v. U.S. Att'y Gen., 712 F.3d 517, 523 (11th Cir. 2013).

         Former 8 U.S.C. § 1432(a) provides:

(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:
(1)The naturalization of both parents; or
(2)The naturalization of the surviving parent if one of the parents is deceased; or
(3)The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if
(4)Such naturalization takes place while such child is under the age of eighteen years; and
(5)Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.