Neil Sean Fagan, proceeding pro se, petitioned the Eleventh Circuit for review of an order of the Board of Immigration Appeals dismissing his appeal of the immigration judge’s (a) denial of his motion to terminate removal proceedings and (b) finding that he was removable under former INA § 237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(A)(ii). On appeal, he argued that he is a United States citizen based on the concept of derivative citizenship established by former INA § 321(a), 8 U.S.C. §1432(a). The Eleventh Circuit concluded that there was indeed a genuine dispute of material fact as to Mr. Fagan’s claim of citizenship and remanded the case to the Southern District of Florida. Proceeding—at this point—with pro bono counsel—Mr. Fagan litigated his case through summary judgment. On August 5, 2024, Magistrate Judge Reinhart issued his Report & Recommendation (the “R&R”) recommending that Mr. Fagan’s motion for summary judgment be denied and the Government’s be granted. Shortly thereafter, Mr. Fagan’s pro bono attorney had to withdraw from the case. Accordingly, the District Court has (1) stayed the deadline for Mr. Fagan to file any objections to the R&R and (2) given Mr. Fagan until September 23, 2024, to secure counsel. If interested, please email FLSD_ProBono@flsd.uscourts.gov
Miscellaneous