United States First Circuit

Under 8 USC 1432(a), "having legal custody of the child" is legal custody under the law of the state in question, and Congress clearly intended that a child's citizenship should follow that of the parent who had legal custody at the time a parent became a naturalized citizen.

Appellate Information

• Decided 06/05/2000
• Published 12/27/2000

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Matthew S. Robinowitz for petitioner.


• For Appellees:
  
• Brenda M. O'Malley, Office of Immigration Litigation, Civil Division, Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Civil Division, and Terri J. Scadron, Senior Litigation Counsel, Office of Immigration Litigation, were on consolidated brief for respondent.