Tuesday, March 21, 2017

Clarification on Green Card Holders--Section A

Clarifying Monday's discussion about the exception for Green Card holders in § 1332(a)(2):

A non-U.S. citizen, regardless of immigration status, is treated as a citizen or subject of a foreign state for all statutory purposes. So A (Cuba) v. X (Ven) is an action between citizens or subjects of a foreign state and not within § 1332. And A (Cuba) v. X (GA) is an action between a citizen of a state and a citizen or subject of a foreign state, which would satisfy § 1332(a)(2). None of that changes if A is admitted for lawful permanent residence and domiciled in Florida.

What the exception clause in § 1332(a)(2) does is simply exclude from that subsection one particular action between a citizen of a state and citizen or subject of a foreign state--where the citizen of the foreign state is admitted for lawful permanent residence. Then, the statute requires an additional inquiry--is he domiciled in the same state as the opposing party. If he is, the case is not within the jurisdictional grant; if he is not, the case is within the jurisdictional grant.

Thus, A (Cuba/FL) v. X (FL) is not within § 1332(a)(2) because of the exception, but A (Cuba/FL) v. X (GA) is within § 1332(a)(2). But the latter case would not be under (a)(1) because A is not treated as a citizen of FL.