Legal Opinion
Jhonson Barthelemy, AKA Johnson Barthelemy v. John D. Ashcroft, U.S. Attorney General
Court of Appeals for the Ninth Circuit
Decided June 9, 2003No. 01-71529PublishedCited by 61 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge.
We must decide whether § 321(a) of the Immigration and Nationality Act, now repealed, grants derivative citizenship to Petitioner Jhonson Barthelemy. We hold that it does not. We further reject Bar-thelemy’s constitutional challenges to § 321(a). We hold that a bona fide reason supports the legal separation requirement of § 321(a)(3) and that § 321(a)(3) does not discriminate on the basis of gender, at least as applied to this petition. Barthele-my’s petition for review is dismissed.
I
Jhonson Barthelemy appeals a final order of removal issued by the Board of…
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