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CA5 on Derivative Citizenship - Kamara v. Lynch

May 19, 2015 (1 min read)

"Petitioner Hamid Kamara (“Kamara”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) finding that he lacked derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). We hold that the BIA misinterpreted the reach of this court’s decision in Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir. 2006), which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. We GRANT the petition and TRANSFER pursuant to 8 U.S.C. § 1252(b)(5)(B) to the district court for the judicial district in which Kamara resides." - Kamara v. Lynch, May 18, 2015.  [Hats off to Brian V. Schaeffer of the YMCA of Houston!]