If you enter on the US passport you will have to leave on it, presenting both on departure. It will cause a very small delay whilst they make some remarks in the new passport. Enter on the other passport and leave on it will be no issues. You didn't mention anything about visas? If you enter on a visa you of course will have to leave on the same passport.
Currently he is in the losing category on cases, fact..
Yes he's appealing them and the outcomes MAY change but currently he's losing on so many fronts. To try to use your logic is faulty as it hasn't happened.
I live in reality and that means where we are now. If he had strong enough positions he wouldnt be losing the cases he has had to appeal.
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