Wednesday, March 30, 2005

Solis-Espinoza v. Gonzales (9th Cir. - March 23, 2004)

An excellent opinion written by Judge Clifton.

Solis-Espinoza was raised in the United States by his biological father (a Mexican citizen and lawful permanent resident of the U.S.) and his wife (a U.S. citizen). His biological mother was a Mexican citizen, who abandoned him as a child. The husband and wife raised Solis-Espinoza as their own notwithstanding the fact that he was conceived through an extramarital dalliance involving the husband; indeed, the wife is listed as his mother on his birth certificate.

The INS tries to deport Solis-Espinoza after he's convicted of possession of methamphetamine for sale. Judge Clifton rightfully holds that they can't do so because he's a citizen. His opinion is cogent, analytical, equitable, and well-reasoned. It's an opinion we'd all be proud to pen. Good job.