Ramos v. Barr, No. 19-1728 (7th Cir. 2019)Annotate this Case
Lopez was born in Mexico in 1974, His mother, born in Mexico, acquired U.S. citizenship at birth through her mother. Mother entered the U.S. in 1978 and received a certificate of citizenship in 1990. Lopez was admitted to the U.S. as a lawful permanent resident in 1985. In 2009, he was convicted of drug crimes and was sentenced to 122 months’ imprisonment. In 2018, DHS began removal proceedings, alleging that Lopez was removable under 8 U.S.C. 1227(a)(2)(A)(iii); (a)(2)(B)(i). Lopez maintained that the law at the time of his birth (8 U.S.C. 1401; 1431–32) that prevented him from automatically deriving citizenship violated the Equal Protection Clause. The law denied automatic citizenship to children born abroad to one citizen non-resident parent and one noncitizen parent unless the citizen parent met a physical presence requirement. An IJ declined to consider the equal protection challenge and ruled that Lopez was removable. The BIA affirmed. The Seventh Circuit denied a petition for review, finding that the statute has a rational basis, so there is no equal protection violation. Lopez did not maintain that he is a member of a suspect or protected class or that his fundamental rights were at stake. The legislation was aimed at preventing the perpetuation of U.S. citizenship by citizens born abroad who remain there, or who may have been born in the U.S. but who go abroad as infants and do not return to this country.
This opinion or order relates to an opinion or order originally issued on June 5, 2019.