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IMMIGRATION JUNE 18, 2021 | The Indian Eye 43

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Fortunately, the State De- term “parent” included a State Department policy, cal connection with that parent to a greater extent
partment has now stepped common-law presumption Jaen had a genetic or ges- woman. Scales was born than generally exists in
in. In Jaen v. Sessions, as of legitimacy that held a tational tie to at least one in the Philippines in 1977, ART cases (where the egg
discussed in David’s blog, married man to be the of [his] parents, Leticia, to Stanley Scales, Sr. an or sperm donor is usually

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Levy Alberto Jaen was father of a child to whom and she was married to American citizen-service- acknowledged not to have
born in Panama in 1972 to his wife gave birth. As it another, U.S. citizen par- man at the time, and Aily legal parentage rights), it
a non-U.S.-citizen mother, was put in Blackstone’s ent of his. Though born Topaz, a Philippine citi- isn’t unheard of for a child
Leticia Rogers Boreland, Commentaries, “Pater in Mexico, Solis-Espinoza zen. Stanley and Topaz to have more than two
who was then married to est quem nuptiae demon- claimed citizenship by vir- met during the first week parents for immigration
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a naturalized U.S. citizen strant”—the nuptials show tue of the US citizenship of September 1976, and purposes especially in the
named Jorge Boreland. who is the father. Jaen, of the woman he knew as one week later, Topaz told stepparent context. The

But Jaen’s Panamanian slip op. at 13 & n. 5. This his mother. That wom- Stanley that she was preg- State Department’s new
birth certificate indicated common-law definition of an, who was married to nant, probably from a pri- policy is not only consis-
that his father was anoth- parent, the Second Circuit Solis-Espinoza’s biological or relationship. Topaz and tent with the common law
L
er man named Liberato held, would be sufficient father at the time of pe- Stanley were married on meaning of “parent” in
nonimmigrant in 1988 for citizenship purposes. fancy as a member of her 1977.ogin|Register with your eMail then
Jaen. Jaen moved to the to render Jorge Boreland titioner’s birth, acknowl- March 13, 1977, and Peti- the INA, especially INA
US at the age of 15 as a the parent of Levy Jaen edged him from his in- tioner was born on April 6, 301(g), but it is also in
keeping with public policy
and lived with the Bore- Although the State family and raised him as Although one argu- that supports the recogni-
land family. In 2008, Jaen Department policy is his mother, though he did able difference is that he tion and maintenance of a
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was placed in removal meant to cover children not in fact have a biologi- had a legally relevant third family unit.
proceedings based on born through ART, it is _________________________________________________________________________________________________
controlled substance vio- clearly applicable to out Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
lations and he moved to of wedlock scenarios in Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
terminate proceedings on Jaen, Solis-Espinoza and Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
the ground that he was Scales. Levy Alberto Jaen, tion; board member of Volunteers for Legal Services and board member of New York Immigration
a US citizen. The Immi- for example, had a genetic Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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gration Judge denied the link to his non-US citizen Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
motion, and the Board of mother Leticia Rogers issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
Immigration Appeals af- Boreland, who was mar- he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
firmed. The Second Cir- ried to his US citizen legal Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
cuit reversed and pointed (although not biological) in the immigration field. He has also received two AILA Presidential Commendations in 2010
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out that the historic com- father Jorge Boreland. and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
mon-law definition of the Consistent with the new Chambers Global 2019 in immigration law, among other rankings.

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