The U.S. Supreme Court decided two cases recently. One case involved a widow's claim that her children conceived by her late husband's sperm were entitled to survivor's benefits and the other case held that illegal immigrants cannot take advantage of a parent's lawful residence status when they are charged with crimes subjecting them to deportation, according to a report in the Los Angeles Times.
In Astrue v. Capato, the Court upheld "the government's multi-part definition of who deserves survivors benefits" in a 9-0 decision. Karen Capato had used sperm her late husband had deposited in a sperm bank to conceive her twins. She argued that the children were entitled to survivors benefits because they qualified as "natural children", despite being born after her husband's death, under the Social Security Act. The Court rejected her claim because regulations "define a 'natural child' as one who could inherit the father's property under state law." The Capatos were residents of Florida where state law specifies that children conceived after a parent's death are not entitled to inherit the late parent's property. The children were not named in their father's will before he passed.
In Holder v. Martinez-Gutierrez, the Court ruled that when illegal immigrants are charged with a crime that exposes them to deportation, they cannot take advantage of their parent's lawful residence. The Court held that "individuals must hear their own leniency through years of lawful residence."
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.
