Brown Immigration Law is pleased to report that an immigration article written by our own Attorney Thomas Messner was recently published in the latest quarterly edition of the Genesee County Bar Association’s Bar Beat!
Thomas’ article – United States Citizenship and the Importance of Obtaining Legal Counsel in Removal Proceedings – explores the complexities surrounding removal proceedings and the intricacies of proving (or disproving) when a person is a citizen.
As Thomas notes, removal proceedings, which are overseen by the U.S. Department of Homeland Security, are commenced against foreign nationals alleged to be unlawfully present within the United States or otherwise removable from the United States when DHS files a Notice to Appear (NTA) that outlines factual allegations. Typically, the first allegation in an NTA is that the respondent is not a U.S. citizen or national – something that isn’t always easy to prove.
In the article, Thomas goes on to discuss the burden of proof in these cases – including how DHS typically has the initial burden of proving a respondent’s alienage and how respondents themselves are given the opportunity to respond to the allegations against them.
It’s at this juncture that Thomas cautions respondents to be careful before responding – especially if they don’t know where they were born. That’s because a little known section of the Immigration and Nationality Act (INA Section 301(f)), states that “a person of unknown parentage who is found in the United States while under the age of five years, and, prior to attaining the age of twenty-one years, it has not been shown that said person was born outside of the United States, shall be a national and citizen of the United States at birth.”
It’s nuanced laws like these that, in part, make immigration proceedings notoriously complex and unfamiliar processes. Fortunately, those who find themselves with important immigration cases, including removal proceedings, have the right to retain legal representation to help guide them through it all and avoid major mistakes. In the case of a person who doesn’t know where they were born, as Thomas’ points out, having a lawyer and the right information can make the difference between being a citizen and being removed from the U.S.
Thomas’ article can be found on Page 14 of the September 2024 GCBA Bar Beat. You can view it here.
Thomas Messner is an Associate Attorney at Brown Immigration Law who provides experienced and insightful guidance to clients in a range of immigration-related matters, including those involving adjustment of status, asylum, custody redetermination, employment-based immigration, family-based immigration, naturalization, and removal defense.