Anderson, et al. v. Holder, Jr., No. 07-74042 (9th Cir. 2012)
Annotate this CasePetitioner, born in England to an American serviceman father and an English mother, petitioned for review of his removal proceedings. At issue was a 1952 statute, 8 U.S.C. 1409(a), regarding "legitimation" and Arizona state law, Ariz. Rev. Stat. 8-601. Because petitioner was a legitimate son of his natural parents under Arizona law, and because the identity of his natural father is and has always been undisputed, he appeared to have met the requirements of Former 1401(a)(7). However, the court must address whether legitimation required an affirmative act, as the district court held, rather than simply the status of being legitimate; and whether petitioner's paternity was "established" under Arizona law. The court answered the first issue in the negative and the second issue in the affirmative, holding that petitioner was a citizen of the United States. Accordingly, the court granted the petition for review in No. 08-73946 and remanded with instructions for the agency to vacate the removal order against him. The court dismissed for lack of jurisdiction the petition for review in No. 07-074042, and dismissed as moot the appeal in No. 10-16491.
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