Permanent Resident Alien and Diversity Jursidiction

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kykiske
Posts: 249
Joined: Sun Mar 10, 2013 7:12 pm

Permanent Resident Alien and Diversity Jursidiction

Postby kykiske » Sat Apr 13, 2013 5:03 pm

How does the law treat permanent residents with green cards?

For example, let's say;

PRA, domiciled in NY v. PRA, domiciled in CA

Would there be diversity jurisdiction that would allow a federal court to hear the case? If the law treats PRA as a state citizen, then yes, there would be jurisdiction. But if the PRA is not a citizen, then no, there would not be jurisdiction.

Conceptually, citizenship defined by the Constitution is either 1) natural born, 2) naturalized. So, being a PRA meets neither requirement.

But, has there been some court case that holds that a PRA is considered a state citizen for diversity jurisdiction purposes, when the suit is between two PRAs?

§1332 does not explicitly deal when the suit is between two non-citizens.

Thank you to all.

Kage3212
Posts: 340
Joined: Thu Jul 28, 2011 12:34 am

Re: Permanent Resident Alien and Diversity Jursidiction

Postby Kage3212 » Sat Apr 13, 2013 7:09 pm

I came across this article: http://www.trialnote.com/evidence-proce ... ent-aliens. Probably worth a read.

The article indicates that the answer to your question lies within the Federal Jurisdiction and Venue Clarification Act which was implemented in 2011. I am too lazy to read the act to determine the answer.




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