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· 3/9/2005

Andre Camille Smart v. John Ashcroft, Attorney General

Citations

  • 401 F.3d 119
  • 2005 U.S. App. LEXIS 3932
  • 2005 WL 546160

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Congress has a legitimate interest in “ensur[ing] that a child who becomes an American citizen has a real relationship with a family unit, and with the United States”
  • recognizing that Congress has a legitimate 2 interest in “ensur[ing] that a child who becomes an American citizen has a real relationship with 3 a family unit, and with the United States”
  • “The [Act does] not benefit [plaintiff] because the [Act] is not retroactive, and [plaintiff] was no longer under eighteen years old upon its enactment.” (citation omitted)
  • \There is no suggestion here that adopted children are a 'protected' class entitled to invoke heightened scrutiny.\
  • “The CCA changes do not benefit [petitioner] because the CCA is not retroactive, and [petitioner] was no longer under eighteen years old upon its enactment.” (internal citation omitted)
  • ʺThe CCA changes do not benefit [petitioner] because the CCA is not ‐ 6 ‐ retroactive, and [petitioner] was no longer under eighteen years old upon its enactment.ʺ (internal citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Sack, Hall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.