[DOWNLOAD] "Bustamante-Barrera v. Gonzales" by In the United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Bustamante-Barrera v. Gonzales
- Author : In the United States Court of Appeals for the Fifth Circuit
- Release Date : January 20, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Javier Otoniel Bustamante-Barrera ("Petitioner") seeks review of the Board of Immigration Appeals ("BIA") dismissal of his appeal from an Immigration Judges ("IJ") order of removal. Petitioners challenge to the BIAs decision is based on a former version of 8 U.S.C. § 1432(a), under which Petitioner claims to have automatically derived U.S. citizenship when his mother became a naturalized citizen in 1994. Prior to its amendment in 2000, § 1432(a) granted derivative citizenship to a child born outside the United States to alien parents if, before that childs eighteenth birthday, (1) he became a legal permanent resident ("LPR") of the United States, (2) his two living parents "legal[ly] separat[ed]," (3) one (but not both) of his parents became a naturalized U.S. citizen, and (4) that naturalized parent had "legal custody" of the child. We are concerned today with only the last of these conditions: We must construe § 1432(a)(3)s "legal custody" requirement to determine whether a child seeking derivative naturalization must have been under the sole (as distinguished from joint) legal custody of his one naturalized parent. This is a question of first impression in this Circuit, and, because we answer it in the affirmative and perceive no merit in any of Petitioners other arguments, we deny his Petition for Review.