E.J. D.-B. v. U.S. Department of State
United States Court of Appeals for the Ninth Circuit
825 F. App’x 479 (2020)

- Written by Darius Dehghan, JD
Facts
Under 8 U.S.C. § 1401(g), a person born outside the United States was entitled to U.S. citizenship if one of his parents was a U.S. citizen and the other parent was not. Andrew Dvash-Banks, a U.S. citizen, and Elad Dvash-Banks, a non-U.S. citizen, had a son named E.J. Dvash-Banks (plaintiff) who was born in Canada. E.J. was conceived using Elad’s sperm and a donor’s egg. The United States Department of State (the department) (defendant) determined that E.J. was not entitled to American citizenship under § 1401(g) because there was no biological relationship between E.J. and Andrew. E.J. filed suit against the department. The district court held that E.J. was entitled to U.S. citizenship under § 1401(g). The department appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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