Cite as: 582 U. S. ____ (2017)
5
Opinion of the Court
By 1959, José attested in a June 21, 1971 affidavit
presented to the U. S. Embassy in the Dominican Repub
lic, he was living with Yrma Santana Montilla, a Domini
can woman he would eventually marry. Id., at 57. In
1962, Yrma gave birth to their child, respondent Luis
Morales-Santana. Id., at 166–167. While the record
before us reveals little about Morales-Santana’s childhood,
the Dominican archives disclose that Yrma and José mar
ried in 1970, and that José was then added to Morales
Santana’s birth certificate as his father. Id., at 163–164,
167. José also related in the same affidavit that he was
then saving money “for the susten[ance] of [his] family” in
anticipation of undergoing surgery in Puerto Rico, where
members of his family still resided. Id., at 57. In 1975,
when Morales-Santana was 13, he moved to Puerto Rico,
id., at 368, and by 1976, the year his father died, he was
attending public school in the Bronx, a New York City
borough, id., at 140, 369.5
C
In 2000, the Government placed Morales-Santana in
removal proceedings based on several convictions for
offenses under New York State Penal Law, all of them
rendered on May 17, 1995. Id., at 426. Morales-Santana
ranked as an alien despite the many years he lived in the
United States, because, at the time of his birth, his father
did not satisfy the requirement of five years’ physical
presence after age 14. See supra, at 3–4, and n. 3. An
immigration judge rejected Morales-Santana’s claim to
citizenship derived from the U. S. citizenship of his father,
and ordered Morales-Santana’s removal to the Dominican
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Dominican Republic in 1916, and plans, beginning in late 1920, for
withdrawal).
5 There is no question that Morales-Santana himself satisfied the
five-year residence requirement that once conditioned a child’s acquisi
tion of citizenship under §1401(a)(7). See §1401(b).