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Courthouse Steps: Sessions v. Morales-Santana Update

Courthouse Steps: Sessions v. Morales-Santana Update

Civil Rights Practice Group PodcastOn November 9, 2016, the Supreme Court heard oral argument in Lynch v. Morales-Santana. Morales-Santana’s father was born in Puerto Rico but acquired U.S. citizenship in 1917 under the Jones Act of Puerto Rico. Morales-Santana was born in 1962 in the Dominican Republic to his father and Dominican mother, who were unmarried at the time. In 1970, upon his parents’ marriage, he was statutorily “legitimated” and was admitted to the U.S. as a lawful permanent resident in 1976. The Immigration and Nationality Act of 1952, which was in effect at the time of Morales-Santana’s birth, limits the ability of an unwed citizen father to confer citizenship on his child born abroad, where the child’s mother is not a citizen at the time of the child’s birth, more stringently than it limits the ability of a similarly situated unwed citizen mother to do the same. In 2000, Morales-Santana was placed in removal proceedings after having been convicted of various felo

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