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U.S. v. FLORES-VILLAR

No. 07-50445.

536 F.3d 990 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben FLORES-VILLAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2008.

Attorney(s) appearing for the Case

Elizabeth M. Barros, Assistant Federal Public Defender, San Diego, CA, for the defendant-appellant.

William A. Hall, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: CYNTHIA HOLCOMB HALL, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

RYMER, Circuit Judge:

Ruben Flores-Villar raises a challenge under the equal protection component of the Fifth Amendment's due process clause on the basis of age and gender to two former sections of the Immigration and Nationality Act, 8 U.S.C. §§ 1401(a)(7) and 1409 (1974), which impose a five-year residence requirement, after the age of fourteen, on United States citizen fathers—but not on United States citizen mothers— before they may transmit...

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