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PORTER v. QUARANTILLO

Docket No. 13-119-cv.

722 F.3d 94 (2013)

Randolph PORTER, Plaintiff-Appellant, v. Andrea QUARANTILLO, District Director, New York District of the U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2013.

Attorney(s) appearing for the Case

Zoe Salzman , Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Plaintiff-Appellant Randolph Porter.

Margaret M. Kolbe ( Varuni Nelson , Scott Dunn , on the brief), Assistant United States Attorneys, of Counsel, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, New York, NY, for Defendants-Appellees Andrea Quarantillo and United States Citizenship and Immigration Services.

Before: B.D. PARKER, CARNEY, Circuit Judges, and RAKOFF, District Judge.

BARRINGTON D. PARKER, Circuit Judge:

Plaintiff-Appellant Randolph Porter, a naturalized United States citizen, sought a declaratory judgment from the district court (E.D.N.Y., Irizarry, J.) that he was entitled to derivative United States citizenship as of his birth. Porter's brother was killed on Pan Am Flight 103 by Libyan terrorists in December 1988, and if Porter were able to prove derivative citizenship, he ostensibly...

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