United States Fifth Circuit

For purposes of showing "legal custody" by a naturalized parent, a child seeking derivative naturalization must have been under the sole, as distinguished from joint, legal custody of his one naturalized parent.

Appellate Information

• Decided 04/20/2006
• Published 04/21/2006

Judges

• WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Chad Van Cleave (argued), Austin, TX, for Petitioner.


• For Appellees:
  
• Russell J.E. Verby (argued), U.S. Dept. of Homeland Sec., David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir. U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.