Wednesday, October 20, 2021
Law360 (October 18, 2021, 7:29 PM EDT) -- The U.S. Supreme Court on Monday vacated a Third Circuit ruling in a deportation case that barred a Yemeni man from acquiring citizenship through his naturalized but divorced parents, after the Biden administration said the lower court overlooked precedent.
Abdulmalik Abdulla, who had lived in the U.S. for nearly 30 years before he was deported in 2019, had fought deportation by claiming citizenship through his father, who became an American citizen while married to Abdulla's mother. But the Third Circuit ruled in August 2020 that Section 1432 of the Immigration and Nationality Act could allow Abdulla's claim only if his father had become a citizen after getting divorced. Appealing to a new BIA decision, In Matter of Douglas , Abdulla aruged Section 1432 allowed divorced parents to pass on citizenship to their children, regardless of when the parents became citizens. On the basis of the new pleadings, the Supreme Court vacated the Third Circuit judgment and remanded Abdulla's case for further proceedings.
The case is Abdulmalik Abdulla v. Merrick Garland, case number 20-1492, in the U.S. Supreme Court.