United States Second Circuit

8 U.S.C. section 1432(a)(3)'s requirement of a "legal separation" cannot be satisfied without a formal act which, under the laws of the state or nation having jurisdiction of the marriage, alters the marital relationship either by terminating the marriage (as by divorce) or by mandating or recognizing the separate existence of the marital parties.

Appellate Information

• Decided 04/02/2004
• Published 04/02/2004

Judges

• SOTOMAYOR, Circuit Judge., Before:  LEVAL, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark T. Kenmore, Buffalo, NY, for petitioner.


• For Appellees:
  
• Megan L. Brackney, Assistant United States Attorney for the Southern District of New York (James B. Comey, United States Attorney for the Southern District of New York, on the brief;  Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, NY, for respondent.