Demore v. Kim, 538 U.S. 510, 36 (2003)

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Cite as: 538 U. S. 510 (2003)

Opinion of Souter, J.

States as home just as much as a native-born, younger brother or sister entitled to United States citizenship. "[M]any resident aliens have lived in this country longer and established stronger family, social, and economic ties here than some who have become naturalized citizens." Woodby v. INS, 385 U. S. 276, 286 (1966). Kim is an example. He moved to the United States at the age of six and was lawfully admitted to permanent residence when he was eight. His mother is a citizen, and his father and brother are LPRs. LPRs in Kim's situation have little or no reason to feel or to establish firm ties with any place besides the United States.5

Our decisions have reflected these realities. As early as 1892, we addressed an issue of statutory construction with the realization that "foreigners who have become domiciled in a country other than their own, acquire rights and must discharge duties in many respects the same as possessed by and imposed upon the citizens of that country, and no restriction on the footing upon which such persons stand by reason of their domicil of choice . . . is to be presumed." Lau Ow Bew v. United States, 144 U. S. 47, 61-62.6 Fifty years later in dealing with a question of evidentiary competence in Bridges v. Wixon, 326 U. S. 135 (1945), we said that "the notions of fairness on which our legal system is founded" applied with full force to "aliens whose roots may have become, as

5 See also Welch v. Ashcroft, 293 F. 3d 213, 215 (CA4 2002) (detainee obtained LPR status at age 10); Hoang v. Comfort, 282 F. 3d 1247, 1252- 1253 (CA10 2002) (ages 3 and 15), cert. pending, No. 01-1616 [Reporter's Note: See post, p. 1010].

6 In The Venus, 8 Cranch 253 (1814), we held that property belonging to American citizens who were resident in England during the War of 1812 was to be treated as belonging to English proprietors for purposes of prize law. We stated that, as permanent residents of England, the American citizens were "bound, by such residence, to the society of which they are members, subject to the laws of the state, and owing a qualified allegiance thereto; they are obliged to defend it, (with an exception in favor of such a subject, in relation to his native country) in return for the protection it affords them, and the privileges which the laws bestow upon them as subjects," id., at 282.

545

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