Jaen v. Sessions, No. 17-1512 (2d Cir. 2018)Annotate this Case
The Second Circuit granted a petition for review of the BIA's decision ordering petitioner removed under 8 U.S.C. 1227(a)(1)(B) and 1227(a)(2)(B)(i). The court held that petitioner acquired United States citizenship at birth through his United States citizen parent, Jorge Boreland, the husband of his mother and his legal parent under the relevant section of the Immigration and Nationality Act. The court noted that the principle guiding this decision—that a child born into a legal marriage is presumed to be the child of the marriage—is a lasting one, with deep roots in the common law.