United States Third Circuit

Where legal custody has not been determined by decree or statute, the parent having actual uncontested custody is to be regarded as having "legal custody" of the person concerned for purpose of determining that person's status under 8 U.S.C. section 1432(a).

Appellate Information

• Argued 12/14/2004
• Decided 02/11/2005
• Published 02/11/2005

Judges

• Before NYGAARD, ROSENN, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James V. Wade, Federal Public Defender, Ronald A. Krauss (Argued), Assistant Federal Public Defender, Harrisburg, for Appellant.


• For Appellees:
  
• Thomas A. Marino, United States Attorney, Daryl F. Bloom (Argued), Assistant United States Attorney, United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, for Appellees.