22 C.F.R. § 51.40
Burden of proof
The applicant has the burden of proving that he or she is a U.S. citizen or non-citizen national.
Notes of Decisions
Cited in 19
cases (11 in the last 5 years), 2012–2026 · leading case: Mohamed Mathin v. John F. Kerry, 782 F.3d 804 (7th Cir. 2015).
Mohamed Mathin v. John F. Kerry, 782 F.3d 804 (7th Cir. 2015). “Pursuant to 22 C.F.R. § 51.40 , Mathin has the burden of demonstrating his citizenship by a preponderance of the evidence.”
Garcia v. Clinton, 915 F. Supp. 2d 831 (S.D. Tex. 2012). “1958)); 22 C.F.R. § 51.40 . The Court must make a de novo determination of whether a plaintiff is a United States citizen.”
David Sanchez v. John Kerry, 648 F. App'x 386 (5th Cir. 2015). “22 C.F.R. §§ 51.40 , 51.41. That June, Sanchez filed a petition for a writ of mandamus under 28 U.”
Trump v. CASA, Inc., 606 U.S. 831 (2025). “103(c)(2) (2024); 22 CFR §§51.40 , 51.42 (2024). Some decades ago, the Office of Legal Counsel was asked to respond to a House bill that would have denied birthright citizenship to “ ‘children born in the United States to par- ents who are not citizens or permanent resident…”
Mario Martinez v. Sec'y of State of the United States of Am., 652 F. App'x 758 (11th Cir. 2016). “2015) (citing 22 C.F.R. § 51.40 ). We review the district court’s conclusions of law following a bench trial de novo and its factual findings for clear error.”
Garcia v. Clinton, 881 F. Supp. 2d 807 (S.D. Tex. 2012). “1958); see also 22 C.F.R. § 51.40 . Accordingly, Garcia bears the burden of proving that no genuine issue of material fact exists.”
Trump v. CASA, Inc. Revisions: 7/02/25, 606 U.S. 831 (2025). “103(c)(2) (2024); 22 CFR §§51.40 , 51.42 (2024). Some decades ago, the Office of Legal Counsel was asked to respond to a House bill that would have denied birthright citizenship to “ ‘children born in the United States to par- ents who are not citizens or permanent resident…”
Sabra v. Pompeo (D.D.C. 2020). “citizen, 22 C.F.R. § 51.40 , and “[t]he applicant must provide documentary evidence that he or she is a U.”
Mario Candela-Rios v. Jefferson Sessions, US Atty. (5th Cir. 2018). “22 C.F.R. § 51.40 (“The applicant has the burden of proving that he or she is a U.”
Villafranca v. Blinken (S.D. Tex. 2022). “” Matter of Briscoe Enterprises, Ltd. II, 994 F.2d 1160, 1164 (5th Cir.”
Reyna v. Blinken (S.D. Tex. 2022). “” Matter of Briscoe Enterprises, Ltd. II, 994 F.2d 1160, 1164 (5th Cir.”
Flores v. Blinken (S.D. Tex. 2023). “” Matter of Briscoe Enters., Ltd. II, 994 F.2d 1160, 1164 (5th Cir.”
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