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Thursday, June 04, 2020

Roy v. Barr


A federal appellate court generally lacks jurisdiction to review a final order of removal against a non-citizen whose commission of a certain type of crime rendered her removable, but the court retains jurisdiction to review legal questions, including whether 8 U.S.C. §1252(a)(2)(C)’s jurisdictional bar applies. While §1432(a)(3) discriminates on the basis of gender, a petitioner lacked standing to challenge this provision where her paternity and maternity were both established during her youth. Because both fathers and mothers can legitimate a child after the child’s birth, legitimation is not inherently discriminatory.


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