Patel v. Napolitano, No. 11-6386 (4th Cir. 2013)
Annotate this CasePlaintiff, a permanent resident alien and federal inmate, appealed the dismissal of his action under 8 U.S.C. 1503(a) for a judgment declaring him a United States national. Petitioner has resided in the United States since the age of eleven and has been a permanent resident for almost twenty-five years. Petitioner alleged that he was a United States national because he applied for citizenship, registered for the Selective Service, and declared his permanent allegiance to various United States officials. The court held that these facts failed to allege United States nationality under section 1503(a) and affirmed the dismissal of his action. Petitioner could not state a claim to be a United States national under United States v. Morin because the court must defer to the BIA's contrary, post-Morin interpretation of section 1101(a)(22).
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