Cite as: 582 U. S. ____ (2017)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
preliminary print of the United States Reports. Readers are requested to
notify the Reporter of Decisions, Supreme Court of the United States, Wash
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SUPREME COURT OF THE UNITED STATES
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No. 15–1191
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JEFFERSON B. SESSIONS, III, ATTORNEY GENERAL,
PETITIONER v. LUIS RAMON MORALES-SANTANA
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 12, 2017]
JUSTICE GINSBURG delivered the opinion of the Court.
This case concerns a gender-based differential in the law
governing acquisition of U. S. citizenship by a child born
abroad, when one parent is a U. S. citizen, the other, a
citizen of another nation. The main rule appears in
8 U. S. C. §1401(a)(7) (1958 ed.), now §1401(g) (2012 ed.).
Applicable to married couples, §1401(a)(7) requires a
period of physical presence in the United States for the
U. S.-citizen parent. The requirement, as initially pre
scribed, was ten years’ physical presence prior to the
child’s birth, §601(g) (1940 ed.); currently, the requirement
is five years prebirth, §1401(g) (2012 ed.). That main rule
is rendered applicable to unwed U. S.-citizen fathers by
§1409(a). Congress ordered an exception, however, for
unwed U. S.-citizen mothers. Contained in §1409(c), the
exception allows an unwed mother to transmit her citizen
ship to a child born abroad if she has lived in the United
States for just one year prior to the child’s birth.
The respondent in this case, Luis Ramón MoralesSantana, was born in the Dominican Republic when his
father was just 20 days short of meeting §1401(a)(7)’s