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Consequently, Mexican farme13 moved to this podion of the United Statesthinking they mere in Mexico, and the town of Rio Rico was born, fileledby the Prol~ibitio~~ En. An~ericansrvould go to Rio Rico to buy and drinkliquor, gamble at its dog track, ad enjoy its hst class bordello. AlCapone was a frequent tourist and investoc Business was so good that atoll bridge was erected behveen Rio Rico and Texas in 1929 at a cost of$66,000.00. Within tal months of its construction, the bridge was paidfor by its toll collection. Unfortunately, by the tin~e Prohibition and theSecond World \Var were over, the town's prosperity ended and people settledinto farming.In 1965, a gentlenlan by the name of James E. Hill, Jr., accidentaJydiscovered this anomaly wlde researching a thesis paper on thegeolom of South Texas. His tlndings were later published in the April1966 edition of "The Rocky Mol~ntain Social Science Journal". As a resultof time Endings, the United States and the Republic of Mexico signed atrmty on Novenlber 23, 1970, in which the United States hllned over RioRico (a11 413 acres) to the hIexic,m government. Meanwide, area residentsof El Horcon were completely unaware of their legal status as vUnited States citizens. As hb. HiU, Jr., stated, the residents of El llorconspoke Spanish, none spoke English. The only official of the hiexican go -ernment was a police inspectoc Nobody suspected that their cllurch,school, plaza, and police station were in United Stales tcrritoly.Ill. RECOGNITION OF RIO RICANS ASUNITED STATES CITIZENSIn 1978, the Board of Imnug~xtion Appeals recognized for thefust time that a person born lo Rio Rico, was in fact a United States citizen.Seeillfltter Of Cflt~trr, 1978 \VL 36395 @hi).zIn the Catltu case, an immigration judge denied relief to thepetitiotler, Mr. Cmh~, and ordered his deportation from the United States.The Court of Appeals, in a hvo to one decision, reversed and held that thepetitioner had proven that he was a United States citi en and Ill@ it wasup to the govenunent to prove otl~e~-ivise. The Court placed e~upL?s' , IS onthe fu~dings by Mr. James E. Hill, Jr., and adopted them. The Court furtherl~eld that for hnmig~xtion purposes, alienage is a jorisdictional mattertiat nlust be proven by clear, convincing, and unequivocal evidence.As a result of tbis decision, hundreds of individuals have beenrecognized as United Shtes citizens. Howevel; many are stiU out therewho, for one reason or mothel; do not know that they are United Statescitizens by birth. In the case of my client, Mr. Juan Garcia-Guerrero, hedid not know until now hat he was in fact a U.S. citizen. Like many menlbe13of his family and Mends, he had come to the United States as a childwit11 his family to work in the Eelds. He obtained a legal residence cardthrough marriage to a uniteil Stales citizen in the early 1970% but failedto renew it doring the 1980s. t\s a result of a conviction for NI agglxvatedfelony, 11e was depol?ed to Mexico after seming lus sentence.IV. PROVING UNmD STATES ClTlZENSHlPTO THE GOVERNMENTTl~ere ae four tlungs that you need to establisl~ a prima faciecase of U~ted States citizenship.First, that your client was born in '"El Horcon" wlch. You dothat by obtaining a birth certiEcate from yoor lo& Mexim consulateAthough tilere is no INS written rules on wl~at is a valid bi~Th ce~Tificate,according to custom by INS officials, one will be presumed valid if theperson is registered will& the kt Eve (5) ycars after birth. Any birthcertiEcate registered after Eve yeas of birth will be presumed "suspect"by the INS. In the absence of a birth certificate, the cliurch at Rio Ricohas a book of all births and baptism.Second, presenting a did birth certificate will tlot he enough.The INS has a map Ulat delineates the area tl~at used to be part of theUnited States. Tl~e map sets forth structures and homes that fall withinand outside the old United States boundaly. Obviously, your client musthave been bom witllin that demarcation.Tlurd, the INS has a list of all properly owners of Rio Rico.There nus st be some lype of relationship behveen the propclZy owner andyour client. Tl~e relationship is usually established tl~rougl~ family.lastly, the testimony of fanlily and neighbors will be helpfi~l. Ofparticular inportance is the testimony of the local midndfe ~ I u8as O basicallywsponsible for the birth of all individuals born ~II ttus small camnsnity.V. DISMISSAL OF CHARGESTl~ere was a lqpy ending for my client, Mc Juan Garcia-Guerrero. One day prior to commenceluent of trial, the United States dismissedlus illegal cntly charge, acknowledging that there was reasonabledoubt about his alienage. He has sitlce filed an N-600 form requestingrecognition of his United States citizenship.Next time you have a client born in hhlxicod~o tells you he/shethinks she is a U.S. citizen, do not laugh. Remember Rio Rico, Mexico.Or is it Texas?Ref refteesilffllter Of CN~I~II, 1978 \W. 36395 (BU)United States Constihltion, hticle 14, Section 1Title 8, United States Code, 5 1401James E. IW, Jt, El Horcori: A United Stntar-11Ie.1'icn11 Botrr?dq:l'Atrot~~d]: Tl~e Rocky hlountain Social Science Jounld, Vol N, Numberl,April 1966United States-Mexican Internntional Bounda~y Treaty of GuaddupeHidalgo of 1884WCH aooi I w ww.rcDm.com I VOICE FOR THE DEFENSE I 291