· 9/26/2005
Mark Anthony Herbert Jordon v. Attorney General of the United States
Citations
- 424 F.3d 320
- 2005 U.S. App. LEXIS 20868
- 2005 WL 2334686
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a court may exercise hypothetical jurisdiction to reach the merits of a claim when the potential jurisdictional impediments do not raise Article III concerns
- noting that in cases involving statutory jurisdiction, as opposed to Article III jurisdiction, federal courts may consider the merits of the claims before addressing jurisdictional issues
- holding, in part, that “a child seeking to establish derivative citizenship under § 1432(a) must prove . . . ‘that his [parent] was naturalized after a legal separation from his [other parent]” (alteration in original
- explaining that a court may assume hypothetical jurisdiction of a “statutory provenance”
- noting that “a child seeking to establish derivative citizenship under § 1432(a) must prove,” inter alia, “that his [parent] was naturalized after a legal separation from his [other parent]” (quoting Bagot v. Ashcroft, 398 F.3d 252, 257 (3d Cir. 2005))
- noting the question of exhaustion under 8 U.S.C. § 1252(d), although jurisdictional, is statutory in nature, and thus need not always be resolved
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Fisher, Pollak
Read full opinion on CourtListenerSourced 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.