Fifth Circuit rejects claim for citizenship by descent lacking physical presence
The Fifth Circuit ruled that plaintiffs cannot obtain U.S. citizenship through a grandparent because they fail the statutory physical-presence requirement.
Judge James Ho, writing for the Fifth Circuit, held that the Constitution assigns the power to define naturalization rules to Congress, and federal courts may not grant citizenship when statutory conditions are unmet. The plaintiffs, descendants of Cruz Rodriguez de Guerra, claimed a “constructive presence” exception after their ancestor was barred entry in 1940, but the court noted that no circuit has adopted this doctrine for citizenship transmission.
Statutory text requires a specific period of physical residence by the U.S. citizen parent, which the appellants’ ancestors did not satisfy. While Congress provides limited exceptions—such as honorable military service or government work abroad—none fit the present case. Consequently, the court denied citizenship to both Guerra-Vasquez and Guerra-Quezada, reaffirming that judicial power cannot override congressional immigration policy.
Why it matters
The decision clarifies that courts cannot create new citizenship pathways, limiting claims based on alleged border errors.
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