Fifth circuit decision regarding derivative citizenship

baikal3

Registered Users (C)
An interesting relatively recent (April 20, 2012) decision from the Fifth Circuit federal appeals court concerning derivative U.S. citizenship:
http://docs.justia.com/cases/federal/appellate-courts/ca5/10-20705/10-20705-2012-04-20.pdf

The case demonstrates the difference between the Child Citizenship Act of 2001 and the preceding law [8 U.S.C. § 1432(a)] regarding children deriving U.S. citizenship through parents. The guy (Esparza) was an LPR and under 18 y.o. in 1989 and living with both of his parents at the time in the U.S. His father naturalized in 1989 (his mother did not). If CCA had been in effect then, Esparza would have become a U.S. citizen automatically when his father naturalized.
But that was not the case under 8 U.S.C. § 1432(a) that was in force at the time.
Then when his parents divorced in Sept 1994 (still 3 months before his 18th birthday), he still might have gotten automatic U.S. citizenship if his father had gotten custody of him. But the 1994 divorce decree gave custody to his mother, so he was out of luck. And the parents modifying the divorce decree retroactively in 2010 did not solve that problem, as the fifth circuit ruled.
 
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