Also known as: peregrini · peregrine · alien · foreigner
Written by attorneys · grounded in primary & secondary sources — see below
A free person who was not a Roman citizen. The term identifies a foreigner whose legal status in Roman law differed from that of citizens in matters of rights and obligations.
Lena, a network engineer who recently obtained permanent resident status, works full time in the Eastern District of State EE and sublets an apartment there. She moves to dismiss an action for improper venue, claiming she resides only in State FF where she still owns property. The court denies the motion because her domicile, and therefore her residence for venue purposes, is now in the Eastern District of State EE.
Phoebe Park purchases a cruise ticket containing a forum selection clause designating Florida courts. After an injury on the ship, she sues in her home state. The clause is enforced against her as a peregrinus whose contract rights are governed by the chosen forum despite her foreign status.
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A Japanese manufacturer ships valve assemblies into California through a distributor. When a product causes injury, the peregrinus defendant contests personal jurisdiction. The court evaluates the burden on the foreign party, the forum state's interests, and interstate efficiency before declining jurisdiction.
A British subject claims title to Virginia land under a colonial grant. After state courts reject the claim, the peregrinus seeks Supreme Court review. The Court asserts appellate jurisdiction over state decisions affecting rights of foreign title holders.
A German national teaching in a Nebraska school is prosecuted for instructing children in German. The peregrinus challenges the statute as violating liberty interests. The Court holds that the law infringes protected rights of both teacher and parents.
A group of urban voters including recent immigrants alleges that rural districts dilute their votes. The peregrini plaintiffs seek judicial intervention. The Court determines that the claim presents a justiciable controversy under the Equal Protection Clause.
A natural person who is a lawful permanent resident is deemed to reside in the judicial district of domicile for venue purposes. Physical presence combined with intent to remain indefinitely establishes that domicile. Ownership of property elsewhere does not control the analysis.
A defendant not resident in the United States may be sued in any judicial district. The joinder of such a defendant is disregarded when determining venue as to other defendants. This rule prevents foreign parties from anchoring venue challenges for domestic co-defendants.
Domicile requires both physical presence and intent to remain indefinitely. Objective factors such as tax payments, vehicle registration, and community ties are weighed against evidence of intent to return abroad. A permanent resident domiciled in the same state as a defendant defeats diversity jurisdiction.
…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…