The Rejection of Constructive Presence in Citizenship Claims

The United States Court of Appeals for the Fifth Circuit recently issued an opinion affirming the denial of citizenship claims for an uncle and nephew born in Mexico. The appellants argued that they inherited American citizenship from an ancestor born in Kansas, but the court ruled they failed to meet the statutory physical presence requirements mandated by federal law. Specifically, the court rejected the constructive-presence doctrine, asserting that judges cannot create equitable exceptions to naturalization rules established by Congress. Furthermore, the court determined it lacked jurisdiction over various additional claims, including those for money damages and habeas corpus relief, because the plaintiffs are legally considered aliens. The opinion also criticized the appellants' legal counsel for including fabricated case citations and significant factual inaccuracies in their filings. A concurring opinion emphasized that the power to define citizenship rests solely with the political branches rather than the judiciary.