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ZIVOTOFSKY EX REL. ARI Z. v. SECRETARY OF STATE

No. 04-5395.

444 F.3d 614 (2006)

Menachem Binyamin ZIVOTOFSKY, by his parents and guardians, ARI Z. and Naomi Siegman Zivotofsky, Appellant v. SECRETARY OF STATE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 2006.

Attorney(s) appearing for the Case

Nathan Lewin argued the cause for appellant. With him on the briefs was Alyza D. Lewin.

Steven Lieberman was on the brief for amici curiae American Association of Jewish Lawyers and Jurists, et al. in support of appellant.

Paul Kujawsky was on the brief for amici curiae Congressmembers Henry A. Waxman, et al.

Douglas N. Letter, Litigation Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Lewis Yelin, Attorney.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

Menachem Binyamin Zivotofsky was born in Jerusalem on October 17, 2002. As a child of U.S. citizens who have resided in the United States, he also is a U.S. citizen. 8 U.S.C. § 1401(c). The ultimate issue in this appeal is whether § 214(d) of the Foreign Relations Authorization Act, Fiscal Year 2003, Pub.L. No. 107-228, 116 Stat. 1350, 1365-66 (2002) ("Authorization Act...

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