17-1512 Jaen v. Sessions UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________ August Term, 2017 (Argued: April 12, 2018 Decided: August 13, 2018 ) Docket No. 17-1512 ____________________ LEVY ALBERTO JAEN, Petitioner, v. JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. ____________________ Before: WINTER, POOLER, and PARKER, Circuit Judges. Levy Alberto Jaen petitions for review of the May 2, 2017 decision of the Board of Immigration Appeals ordering him removed from the United States pursuant to 8 U.S.C. §§ 1227(a)(1)(B) and 1227(a)(2)(B)(i). We agree with Jaen that he acquired citizenship at birth through his parent, Jorge Boreland, and that the government had no authority to detain him for an immigration violation or to order him removed from the United States. Accordingly, on April 13, 2018, we GRANTED the petition for review and ordered the government to immediately release Jaen from custody and terminate all removal proceedings against him. We indicated that an opinion would follow in due course. Granted. ____________________ IAN SAMUEL (Andrea A. Saenz, Brooklyn Defender Services, on the brief), Cambridge, MA, for Respondent Levy Alberto Jaen. RACHEL L. BROWNING, Trial Attorney (Keith I. McManus, Assistant Director, on the brief), for Chad A. Readler, Acting Assistant Attorney General, Washington, D.C., for Respondent Jefferson B. Sessions III, Attorney General of the United States. Shailee Diwanji Sharma, Andrew A. Ruffino, on the brief, Covington & Burling LLP, New York, N.Y. for Amici Curiae Family Law Professors, Jamie R. Abrams, University of Louisville Brandeis School of Law, Susan Frelich Appleton, Washington University School of Law, Barbara A. Atwood, University of Arizona Rogers College of Law, Margaret B. Drew, University of Massachusetts School of Law, Ann E. Freedman, Rutgers Law School, Philip M. Genty, Columbia Law School, Cynthia Godsoe, Brooklyn Law School, Martin Guggenheim, New York University School of Law, 2 Leslie Harris, University of Oregon School of Law, Susan Hazeldean, Brooklyn Law School, Deseriee Kennedy, Touro Law Center, Theo Liebmann, Maurice A. Deane School of Law at Hofstra University, Solangel Maldonado, Seton Hall Law School, Carlin Meyer, New York Law School, Catherine J. Ross, George Washington University Law School, Elizabeth Scott, Columbia Law School, Barbara J. Stark, Maurice A. Deane School of Law at Hofstra University, Edward Stein, Cardozo School of Law, David B. Thronson, Michigan State University College of Law, in support of Petitioner Levy Alberto Jaen. POOLER, Circuit Judge: On April 15, 2015, Levy Alberto Jaen was served with a Notice to Appear charging him with removability under Sections 237(a)(1)(B) and 237(a)(2)(B)(i) of the Immigration and Nationality Act (“INA”). 1 During the immigration proceedings that followed, both before the Immigration Judge (“IJ”) and the Board of Immigration Appeals (“BIA”), Jaen repeatedly raised the issue of citizenship, claiming that he was a United States citizen and therefore unremovable. On April 13, 2018, this Court filed an order granting Jaen’s petition 1Specifically, Jaen was charged with removability for overstaying his visitor visa, 8 U.S.C. § 1227(a)(1)(B), and having been convicted of crime related to a controlled substance, 8 U.S.C. ...
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