Legal Opinion
Judulang v. Gonzales
Court of Appeals for the Ninth Circuit
Decided September 17, 2007No. 06-70986PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM **
Joel Judulang was born on June 26,1966 in the Philippines, but claims that he obtained derivative citizenship through his parents. The parties are familiar with the facts, and we do not repeat them except where necessary to render our decision. We deny Judulang’s petition on his claim of derivative citizenship.
In removal proceedings, the DHS has the burden of proving removability by “clear, unequivocal, and convincing evidence.” Woodby v. INS, 385 U.S. 276, 277, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966). Judulang’s birth in the Philippines creates a rebuttable presumption of alienage,…
2Cases cited9 opinions
- United States v. MenascheSupreme Court of the United States · 1955
- Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
- Stanley Russell Scales, Jr. v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Jose Luis Perdomo-Padilla v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Salvatore Caroleo v. Alberto R. Gonzales, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Judulang v. HolderSupreme Court of the United States · 2011
- Frederick v. HolderCourt of Appeals for the Seventh Circuit · 2011
- RAMON MARTINEZBoard of Immigration Appeals · 2011
- Judulang v. HolderSupreme Court of the United States · 2011
- Lovan v. HolderCourt of Appeals for the Eighth Circuit · 2011