TERRELL v. I.N.S.

No. 97-9525.

157 F.3d 806 (1998)

Kerry Stuthridge TERRELL, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

September 29, 1998.


Attorney(s) appearing for the Case

Timothy R. Bakken, Denver, CO, for Petitioner.

Laura Smith, Attorney (Stephen W. Funk, Senior Litigation Counsel, with her on the brief), Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for Respondent.

Before BALDOCK, KELLY, and HENRY, Circuit Judges.


BALDOCK, Circuit Judge.

I

Section 309 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1409, governs the acquisition of citizenship at birth by children born out of wedlock and outside of the United States. See Miller v. Albright, ___ U.S. ___, ___, 118 S.Ct. 1428, 1432, 140 L.Ed.2d 575 (1998). Aside from certain residency requirements, citizenship under this statute through a citizen mother is established at birth. However, acquiring...

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