SHEPHERD v. HOLDER

No. 11-9520.

678 F.3d 1171 (2012)

Kairi Abha SHEPHERD, a/k/a Kara Shepherd, a/k/a Kairi A. Shepherd, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

May 8, 2012.


Attorney(s) appearing for the Case

Alan L. Smith , Salt Lake City, UT, for Petitioner.

Jesse M. Bless , Trial Attorney, ( David V. Bernal , Assistant Director, with him on the brief), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Before HARTZ, O'BRIEN, and MATHESON, Circuit Judges.


MATHESON, Circuit Judge.

This case is about the government's repeated efforts to remove Kairi Abha Shepherd from the United States on the ground she is a criminal alien. In the initial removal proceeding, the government did not effectively contest Ms. Shepherd's claim to automatic citizenship under the Child Citizenship Act of 2000(CCA), 8 U.S.C. § 1431, and the Immigration Judge (IJ) dismissed for lack of jurisdiction.

The very next day, the government...

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