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ANDERSON v. HOLDER

Nos. 07-74042, 08-73946, 10-16491.

673 F.3d 1089 (2012)

Gary ANDERSON, a.k.a. Gary Sinclair, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Gary Anderson, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent. Gary Anderson, Petitioner-Appellant, v. Eric H. Holder Jr., Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2012.

Attorney(s) appearing for the Case

Cynthia J. Larsen , Stacy E. Don (argued), and Stephanie F. Zook , Orrick, Herrington & Sutcliffe LLP, Sacramento, CA, for the petitioner.

Tony West , Assistant Attorney General; J. Max Weintraub , Senior Litigation Counsel, Leslie McKay , Assistant Director, Kirsten L. Daeubler (argued), Trial Attorney, and Jane T. Scaffner , Trial Attorney, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

This case requires us to apply a 1952 statute to circumstances far removed from those that the enacting Congress imagined. Gary Anderson, born in England to an American serviceman father and an English mother, is a citizen of the United States if and only if his "paternity ... [was] established while [he was] under the age of twenty-one years by legitimation." 8 U.S.C. § 1409(a) (1952) ("Former § 1409(a)"). When...

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