Mary Ruth Burgess v. Edwin Meese as U.S. Attorney General and Immigration & Naturalization Service

TANG, Circuit Judge:

The Attorney General appeals the district court’s grant of summary judgment declaring Mary Ruth Burgess a citizen of the United States under the Immigration and Nationality Act §§ 301(g) and 309(a), 8 U.S.C. §§ 1401(g) and 1409(a)(1983). We affirm.

FACTS

Mary Ruth Burgess (“Mary”) was born September 28, 1962 in Tijuana, Mexico. Her mother, Josefine Carrillo, is a native of Colima, Mexico. Her father, Don L. Burgess (“Don”), was a native of Pikesville, Tennessee, USA. Mary’s parents never legally married, but lived together in Tijuana, Mexico for ten years until Don’s death…