Javier Alcarez-Garcia, AKA Garcia Javier Alcarez v. John Ashcroft, Attorney General

Petitioner had the burden of showing that his father had established residence in the United States for 10 years before petitioner’s birth. 8 U.S.C. § 601(g) (1940). The Supreme Court has held that “residence” nieans “place of general abode” or “principal* dwelling place.” Savorgnan v. United States, 338 U.S. 491, 505-06, 70 S.Ct. 292, 94 L.Ed. 287 (1950). The question is whether petitioner has presented sufficient evidence that near the beginning of the 9 years in question — 1943 to 1952— the father had moved his principal dwelling place from Mexico to the United States.1

The evidence…