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Porter v. Quarantillo

United States Court of Appeals for the Second Circuit
722 F.3d 94 (2013)


Facts

Randolph Porter’s (plaintiff) brother was killed in an airplane during a terrorist attack perpetrated by Libyan terrorists in 1988. To receive a settlement from the Libyan government, Porter had to prove that he was a US citizen at the time of his brother’s death. Porter argued that he was entitled to derivative US citizenship at the time of the attack because his mother, Mary Diamond, was a US citizen and had been present in the US for at least one year before moving elsewhere. Diamond was born in Brooklyn in 1929 and moved to St. Vincent in 1930. To support that she had lived in the US for at least a year before moving to St. Vincent, Porter submitted Diamond’s affidavit that she was between one and two years old when she moved to St. Vincent. Porter submitted several other affidavits from friends and family members stating that it was common knowledge or Diamond’s reputation among the family that she had moved to St. Vincent when she was about one and a half years old. The district court held that the affidavits were inadmissible as hearsay. Porter appealed.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

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