No. 21-94

Lt. Colonel Patrick Schreiber v. Tracy Renaud, Acting Director, United States Citizenship and Immigration Services, et al.

Lower Court: Tenth Circuit
Docketed: 2021-07-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-issue-exhaustion administrative-law carr-v-davis child-definition constitutional-claim federal-common-law immigration-law immigration-nationality-act legitimation state-law statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Definition of 'child' in Immigration and Nationality Act

Question Presented (OCR Extract)

QUESTION PRESENTED The definition of “child” in Section 1101(b)(1) of the Immigration and Nationality Act includes “a child legitimated under the law of the child’s [or father’s] residence or domicile.” Under this provision, is the law of the relevant residence or domicile dispositive of whether a child is “legitimated,” or does the subsection mandate application of a federal common-law definition of “legitimated” before turning to state law? In the alternative, should the Tenth Circuit’s decision below, which imposed a judicially created administrative issue-exhaustion requirement on a constitutional claim, be vacated and remanded for reconsideration in light of the Court’s recent decision in Carr v. Davis?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-23
Waiver of right of respondent Renaud, Tracy, et al. to respond filed.
2021-07-21
Petition for a writ of certiorari filed. (Response due August 23, 2021)

Attorneys

Lt. Col. Patrick Schreiber
Paul Whitfield HughesMcDermott Will & Emery, Petitioner
Paul Whitfield HughesMcDermott Will & Emery, Petitioner
Renaud, Tracy, et al.
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent