United States Second Circuit
Garcia v. USICE (Dept. of Homeland Security), 09-4211
In a case seeking removal of a lawful permanent resident who asserted that he obtained US citizenship as a minor in the custody of his naturalized father after divorce, the district court's denial of habeas corpus relief is vacated and the case is remanded to the district court for a hearing on which parent had "actual uncontested custody," where the district court erred in relying on an unenforceable custody award from the Dominican Republic.
Appellate Information
- Decided 12/29/2011
- Published 12/29/2011
Judges
- Wesley
Court
- United States Second Circuit
Counsel
- For Appellant:
- Timothy W. Hoover, Katharine E. Clark