Mathin v. Kerry, No. 14-1889 (7th Cir. 2015)
Annotate this CaseMathin sought a declaration of United States nationality, claiming that his Indian-citizen parents had traveled for business while his mother was eight months pregnant with him, and that he was born prematurely in Chicago on September 23, 1965, at the home of a friend, Nielsen, with whom they were staying. According to Mathin, a midwife was present at the birth, along with the midwife’s 17-year-old niece, Nielsen, and Nielsen’s mother. Only Mathin’s father was still living at the time of trial. Mathin stated that after his birth, he was taken to Norwegian American Hospital for examination. No birth certificate was filed. Mathin was unable to provide any records from Norwegian American Hospital indicating that he was there. Although the State Department attempted to verify his parents’ travel through the visa or passport records, it was unable to find any record of the trip. The district court held that Mathin had failed to establish that he was a United States national. The Seventh Circuit affirmed. The Supreme Court has recognized that doubts should be resolved in favor of the United States in cases involving a petition under 8 U.S.C. 1503.
The court issued a subsequent related opinion or order on July 7, 2015.
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