Ashton v. Gonzalez (Walker, Calabresi, Straub)
If DHS orders an alien removed because he has been convicted of an aggravated felony, the deportation order is not subject to review by the Courts of Appeals. 8 U.S.C. § 1252(a)(2)(C). But what if the alleged alien claims that he should not be deported because he is a U.S. citizen? In this short opinion, the Court decides that it may review claims of citizenship in such situations pursuant to its "jurisdiction to determine whether [it has] jurisdiction".
Alas, the trip to the Second Circuit does not help convicted child-molester Ashton, whose claim of citizenship depended on his ability to show that he began to reside permanently in the United States before he turned 18 and after his mother was naturalized. See 8 U.S.C. §1432. Ashton’s sole proof of such residency was testimony that he and his mother had discussed his future and had decided that he would stay in the United States. Unsurprisingly, the Court found that insufficient, holding that there must be some “objective official manifestation” of residency, but declining to state what such “manifestation” would be.
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