Pierre v. Holder, No. 10-2131 (2d Cir. 2013)
Annotate this CasePetitioner, a citizen of Haiti, sought review of the BIA's order affirming the IJ's decision and rejecting his claim to automatic derivative citizenship under former 8 U.S.C. 1432(a). The BIA found petitioner removable on the basis of his prior criminal conviction for sale of a controlled substance and criminal possession of a weapon, as well as other criminal convictions. The court rejected petitioner's challenge to the constitutionality of section 1432(a)(3) and concluded that petitioner's argument based on the constitutional avoidance canon was barred by the plain language of the statute; the court rejected, on the merits, petitioner's Equal Protection Clause claim based on purported legitimacy discrimination; and the court rejected, on the merits, petitioner's Equal Protection claim based on gender discrimination. Accordingly, the court denied the petition for review.
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