Permanent Resident Alien and Diversity Jursidiction
Posted: 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?
ยง1332 does not explicitly deal when the suit is between two non-citizens.
Thank you to all.
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?
ยง1332 does not explicitly deal when the suit is between two non-citizens.
Thank you to all.