No. 01-71529.

329 F.3d 1062 (2003)

Jhonson BARTHELEMY, aka Johnson Barthelemy, Petitioner, v. John D. ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2003.

As Amended June 9, 2003.

Attorney(s) appearing for the Case

Angela M. Bean, Angela M. Bean & Associates, San Francisco, CA, for the petitioner.

Ernesto Molina, Jr., Office of Immigration Litigation, Washington, D.C., for the respondent.

Before NOONAN, BERZON, and TALLMAN, Circuit Judges.


TALLMAN, Circuit Judge.

We must decide whether § 321(a) of the Immigration and Nationality Act, now repealed, grants derivative citizenship to Petitioner Jhonson Barthelemy. We hold that it does not. We further reject Barthelemy's constitutional challenges to § 321(a). We hold that a bona fide reason supports the legal separation requirement of § 321(a)(3) and that § 321(a)(3) does not discriminate on the basis of gender, at least...

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