Legal Opinion · Dissent
Martinez-Madera v. Holder
Court of Appeals for the Ninth Circuit
Decided March 16, 2009No. 06-73157Published
1DissentThomas, Circuit Judge
The majority concludes that a child raised from the age of six months by a non-biological citizen father is not a citizen. Our case law, the governing federal and state statutes, and a proper application of the principles of cooperative federalism compel a different conclusion. Thus, I must respectfully dissent.
I
Juan Jose Martinez-Madera moved to the United States when he was six years old and has now lived here for over forty years. Martinez-Madera’s mother began a relationship with Jesus Gonzales, the man Martinez-Madera regards as his father, when Martinez-Madera was an infant. The IJ…
2Cases cited8 opinions
- Moore v. SimsSupreme Court of the United States · 1979
- Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- H.C. ex rel. Gordon v. KoppelCourt of Appeals for the Ninth Circuit · 2000
- Stanley Russell Scales, Jr. v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
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