Porter v. Quarantillo, No. 13-119 (2d Cir. 2013)
Annotate this CasePlaintiff appealed the district court's grant of summary judgment in favor of the USCIS and the agency's New York District Director. The district court determined that the statements plaintiff submitted to show that he was entitled to derivative United States citizenship were inadmissible hearsay. Plaintiff's brother was killed on Pan Am Flight 103 by Libyan terrorists, and if plaintiff were able to prove derivative citizenship, he could ostensibly be entitled to compensation. The court affirmed the district court's judgment, concluding that the district court did not abuse its discretion in admitting the statements under the family history exceptions to the hearsay rule. The court concluded that the district court correctly determined that plaintiff was not entitled to derivative citizenship because he submitted no sufficient admissible evidence establishing his mother's age at relocation.
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