Constitutional Law Keyed to Shanor
Nguyen v. Immigration & Naturalization Service
Nguyen was born in Vietnam to an American father and a Vietnamese mother. At the age of six Nguyen migrated to the United States where he obtained lawful permanent residence and at the age of twenty-two Nguyen was subject to deportation proceedings due to sexual assault charges. At his immigration hearing, Nguyen was determined not to be a citizen because his citizenship did not comply with 8 U.S.C. § 1409(a) that establishes the citizenship requirements for children born out of wedlock to alien mothers and fathers who are citizens. Nguyen appealed to the circuit court of appeals alleging that § 1409 violates the Equal Protection Clause of the 14th Amendment and the circuit court rejected the appeal.
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