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Jacinto A. Sabangan, Jr. Esther Hae Jin Sohn, and Eun Kyung Jang Frances Soo-Jin Sohn Dianne Go Guiao Seung Gin Lee Kyung Min Yu Hyun Min Yu Paul Oh Jun Sub Ham Claudagh S. Pascua Irineo Delos Santos Ignacio Roy James B. Mendoza Christopher T. Matias Leonardo Supnet Pascua, Jr. Christopher Supnet Pascua Da-Hee Ju, Mi Sook Kim Ah Lam Jung Joon Su Pae Ko Woon Park Ri Na Jung Heog-Jun Choi Sung Hyun Lim Maria Corazon B. Mendoza Marias C. Elbo Jr. Evelyn C. Elbo Brian M. Flores v. Colin Powell

Citations: 375 F.3d 818; 2004 U.S. App. LEXIS 13617Docket: 03-16426

Court: Court of Appeals for the Ninth Circuit; July 1, 2004; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiffs, born in the Commonwealth of the Northern Mariana Islands (CNMI) in 1982 and 1983, contested a district court judgment that dismissed their claim to U.S. citizenship and the right to U.S. passports. The appellants argued that the Fourteenth Amendment, as applied to the CNMI through the Covenant with the United States, ensured their status as U.S. citizens. The appellate court agreed, interpreting section 501(a) of the Covenant as extending constitutional provisions to the CNMI as though it were a state. This decision countered the government's narrow interpretation of the Fourteenth Amendment, which had limited its application to those born within the traditional boundaries of the United States. The court further addressed the redundancy argument concerning section 303 of the Covenant, affirming congressional authority to confer citizenship in territories, and rejected the government's claims regarding sovereignty prior to 1986. Consequently, the appellate court reversed the district court's dismissal and remanded the case for proceedings consistent with its findings, affirming the plaintiffs' entitlement to U.S. citizenship by birth in the CNMI.

Legal Issues Addressed

Congressional Authority in U.S. Territories

Application: The appellate court acknowledged Congressional authority to confer citizenship to individuals born in U.S. territories, countering the government's narrow interpretation of the Fourteenth Amendment.

Reasoning: The government’s argument that the Fourteenth Amendment only applies to individuals born in the U.S. was countered by its acknowledgment of Congressional authority to confer citizenship in U.S. territories.

Fourteenth Amendment and U.S. Citizenship

Application: The court applied the Fourteenth Amendment to recognize individuals born in the CNMI as U.S. citizens, treating the CNMI as a state for constitutional purposes.

Reasoning: The court concluded that both plaintiffs, born in the CNMI in 1982 and 1983, respectively, are U.S. citizens under the Fourteenth Amendment due to section 501(a) of the Covenant, which applies constitutional provisions as if the CNMI were a state.

Interpretation of the Covenant with the United States

Application: The court interpreted the Covenant as confirming U.S. citizenship for individuals born in the CNMI and rejected the government's claim that sections of the Covenant were redundant.

Reasoning: The government contends that section 303 of the Covenant, which grants U.S. citizenship to individuals born in the Commonwealth, is redundant.

Judicial Review of Sovereignty Claims

Application: The court addressed and dismissed the government's assertion regarding the lack of U.S. sovereignty over the CNMI before 1986, affirming the extension of U.S. citizenship.

Reasoning: The government’s assertion that the U.S. lacked sovereignty over the CNMI before 1986 is challenged, emphasizing that U.S. citizenship can extend to individuals born outside U.S. sovereign territory.