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Judge Questions Whether Unborn Child Is U.S. Citizen

UPDATED: 6:36 am EDT May 28, 2004

A federal judge issued a stay on Thursday to a pregnant woman scheduled for deportation while attorneys look into whether her unborn fetus might be a U.S. citizen, affiliate station KMBC's Donna Pitman reported.

Myrna Dick
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Do you think Myrna Dick's fetus is a U.S. Citizen?
Myrna Dick (pictured, left) went to renew her papers with the U.S. Citizenship and Immigration Service last month, and she wound up in custody. Officials accused her of lying to border patrol officers in 1998 and said it was grounds for deportation to Mexico.

But Dick, who is married to an American citizen, is pregnant with her husband's child. Judge Scott Wright wants to know if the fetus is a U.S. citizen, and if so, whether it can be deported. The judge asked attorneys for both sides to search for relevant precedents before he would rule.

"Clearly, that isn't an issue either side had contemplated," Dick's attorney said.

Lawyers will review the case, then schedule a meeting with the judge. Authorities are not sure how long that might take.

Dick said her baby is a boy, and he is due in October.


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