Also known as: advenae · alien · foreigner
Written by attorneys · grounded in primary & secondary sources — see below
A person who has come from abroad, especially for a temporary stay.
CloudWerk GmbH, a German firm with no U.S. residence, is named as a defendant in a Texas federal action. Because the company qualifies as an advena, the court denies its motion to dismiss for improper venue and treats its joinder as irrelevant when assessing venue over the remaining domestic defendant.
An advena from England claims title to Virginia land under a colonial grant. The Supreme Court holds that the federal judiciary may review the state court's decision because the controversy involves rights derived from federal authority.
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An advena passenger from Washington State sues a Florida cruise line in her home district after an injury in international waters. The Court upholds the ticket's forum-selection clause and transfers the case to Florida despite the plaintiff's advena status.
An advena resident of an urban district joins a suit alleging that rural districts are overrepresented. The Court reaches the merits, finding the claim justiciable because the advena's voting rights present a concrete equal-protection issue.
An advena manufacturer in Japan is sued in California after a tire valve it produced causes an accident. The Court finds personal jurisdiction unreasonable because the advena's attenuated contacts and the burden of defending abroad outweigh the forum's interests.
An advena who recently moved to Connecticut is denied state welfare benefits under a one-year residency rule. The Court invalidates the restriction because it penalizes the advena's exercise of the right to travel.
A defendant who is an advena not resident in the United States may be sued in any judicial district. The court disregards that defendant's presence when determining whether venue is proper as to the remaining parties.
Yes. The statute treats a natural person who is an advena and a lawful permanent resident the same as any other person: residence for venue is the judicial district of domicile, established by physical presence and intent to remain indefinitely.
An advena who is a lawful permanent resident and domiciled in a state is treated as a citizen of that state. Diversity jurisdiction is therefore unavailable in a suit between that advena and a citizen of the same state.
Congress may not eliminate habeas corpus for an advena without providing a meaningful substitute that permits the detainee to challenge the legal and factual basis for detention and to seek release. A limited internal review board that cannot order release fails this standard.
…to Congress, and provided that either House of Congress, by resolution, could veto the Attorney General’s decision to allow the alien to remain in the United States. Appellee Chadha, an East Indian born in Kenya whose nonimmigrant student visa had expired, was ordered deported by an Immigration Judge. The Attorney…