November 15, 2018
Petition for Review of Decisions of the United States
Department of Justice Board of Immigration Appeals
(A029-635-695) Immigration Judge: Rosalind K. Malloy
Appeal from the United States District Court for the Eastern
District of Pennsylvania (D.C. No. 2:17-cv-02389) District
Judge: Honorable Timothy J. Savage
Douglas A. Grannan [ARGUED] Counsel for Petitioner-Appellant
Elizabeth Fitzgerald-Sambou [ARGUED] Rodolfo D. Saenz United
States Department of Justice Office of Immigration Litigation
Anthony St. Joseph Office of United States Attorney Counsel
Before: GREENAWAY, JR., BIBAS, and FUENTES, Circuit Judges.
have several paths to press claims of U.S. citizenship. They
can raise citizenship as a defense to removal. They can
affirmatively petition the government. And they can bring
their claims in federal court. In any case, the core inquiry
remains the same: is this person a United States citizen?
Adel Dessouki is not. That one finding moots the rest of the
issues here. So we will deny his petitions for review and
dismiss his District Court appeal.
Dessouki's immigration saga spans decades. He was born in
France in 1982. His parents never married, and they
separately immigrated to the United States. Dessouki came
with his mother and went on to live with his father. Though
they entered on temporary visas, his mother became a lawful
permanent resident and his father a U.S. citizen. But
Dessouki himself remained on parole status for many years.
took a turn for the worse in 2003, when Dessouki was
convicted of several drug-related felonies. The government
soon tried to remove him. But the government failed to prove
that Dessouki was an alien. So an immigration judge
terminated his removal proceedings. Dessouki remained in the
for long. A few years later, the government reopened the
proceedings. After reconsidering the previous decision,
another immigration judge reversed course and rejected
Dessouki's claim that he was a citizen. The government
then removed him to France.
Dessouki snuck back into the United States. But not without
consequence-he was charged with reentry after deportation. He