Lodge v. United States Attorney General, No. 22-10416 (11th Cir. 2024)Annotate this Case
In this case before the United States Court of Appeals for the Eleventh Circuit, Robert Franklyn Lodge, a native and citizen of Jamaica, challenged the constitutionality of a federal law regarding derivative citizenship. Lodge, born out of wedlock and abandoned by his mother, was brought to the United States by his naturalized father. After being convicted of aggravated felonies, the Department of Homeland Security sought to remove Lodge, who argued that he had derived citizenship from his father under a since-repealed statute. The immigration judge ordered Lodge removed to Jamaica, and the Board of Immigration Appeals dismissed Lodge’s appeal.
Lodge argued that the former statute discriminated against unmarried fathers based on sex and against black children based on race. He asked the court to declare him a citizen, arguing that the statute, if cured of its constitutional defects, would have permitted his father to transmit citizenship to him. However, the court found that Lodge would not have derived citizenship from his father even under a version of the statute cured of its alleged constitutional defects. Consequently, the court denied Lodge's petition for review and deemed his motion to transfer as moot.
This opinion or order relates to an opinion or order originally issued on January 26, 2024.