The facts are undisputed. When Ms. San, a Jewish immigrant from the former Soviet Union moved to the United States in 1994, she gave herself, along with her five children, the surname San- who. (Tr. 59:32-55:2) The children, all over the age of six at the time, were not American citizens. The family was registered with a local Jewish agency, and had paid a one-time fee for the privilege of renouncing their Jewishness. (Tr. 55:1-55:8) As a result of the adoption by her parents, who were also US citizens, of the five children the Court, in June 2009 granted the children citizenship. The San- who's children are her grandchildren. Ms. San filed the case, now pending before the Court, based on the “adoptive rule,” which grants citizenship to children born in the United States to foreign parents, if they are considered by the government as their parents' children. (Petition for Review, p. 1) The adoption rule is not without exceptions. Children conceived by rape or incest, children born to a US citizen and American citizen father, children born to a former American citizen and a woman who was a former US citizen, born of a union of US citizens, and children with a parent who was not a citizen of the United States and without whom there was no US citizen, are exceptions. (Nativity Exceptions, Briefly, p. 13) The adoption rule is also intended, as part of the US Immigration Act of 1965, to deter the creation of “second-generation” American children by giving children born in the United States as the child of an American citizen born in another country priority over children born in the United States. (Petition for Review, p. 7) The San whose case has been challenged by a group of four pro bono lawyers, including Dr. William Gilded from Northwestern University, who specializes in family law, the case has been challenged for two reasons: The “adoption rule” was adopted by Congress in 1965, and has not been modified in nearly 40 years, a period of two Presidents, two Congresses and more than 100,000 applications since adoption of the adoption rule. In the San whose case, because Mr. San's parent was a US citizen then and is a citizen now, and because his parent is a US citizen who renounced his citizenship voluntarily and did so upon arriving here, Mr.
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IMG-195 NOT PRESIDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-4298 SAN WHO, a/k/a San Jew; H.N.; M.N., SAN WHO; H.N.; M.N., Petitioners v. ATTORNEY GENERAL OF THE UNITED STATES
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