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Keywords

defendantstatuteappealcitizenshipnaturalization
defendantstatutecitizenshipnaturalization

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Forey-Quintero; U.S. v.

Facts

Defendant Eduardo Forey-Quintero was born in Mexico and came to the U.S. at the age of three. His mother became a naturalized U.S. citizen when he was ten, but he was not a lawful permanent resident at that time. He applied for lawful permanent residency at sixteen, but his application was approved only after he turned nineteen. The case centered on whether he could claim derivative citizenship based on his mother's naturalization.

Defendant Eduardo Forey-Quintero was born in Mexico and came to the U.S. at the age of three. His mother became a naturalized U.S. citizen when he was ten, but he was not a lawful permanent resident at that time.

Issue

Whether Eduardo Forey-Quintero is a derivative citizen of the United States as provided in the derivative citizenship statute formerly codified at 8 U.S.C. 1432 when, at the time of his mother's naturalization, and thereafter, while under the age of eighteen years, he was not a lawful permanent resident.

Whether Eduardo Forey-Quintero is a derivative citizen of the United States as provided in the derivative citizenship statute formerly codified at 8 U.S.C. 1432 when, at the time of his mother's naturalization, and thereafter, while under the age of eighteen years, he was not a lawful permanent resident.

Rule

The phrase 'begins to reside permanently in the United States while under the age of eighteen years' contained in 8 U.S.C. 1432(a)(5) requires the status of a lawful permanent resident.

The phrase 'begins to reside permanently in the United States while under the age of eighteen years' contained in 8 U.S.C. 1432(a)(5) requires the status of a lawful permanent resident.

Analysis

The court applied the statutory language of 8 U.S.C. 1432(a)(5) and concluded that the requirement to 'reside permanently' implied that the residence must be lawful. The court referenced previous rulings from the Board of Immigration Appeals and the Ninth Circuit, which held that a child must acquire lawful permanent resident status while under the age of 18 to derive citizenship. The court found that Forey-Quintero did not meet this requirement.

The court applied the statutory language of 8 U.S.C. 1432(a)(5) and concluded that the requirement to 'reside permanently' implied that the residence must be lawful.

Conclusion

The district court's decision was affirmed, concluding that Forey-Quintero did not obtain derivative citizenship because he was not a lawful permanent resident at the time of his mother's naturalization.

The district court's decision was affirmed, concluding that Forey-Quintero did not obtain derivative citizenship because he was not a lawful permanent resident at the time of his mother's naturalization.

Who won?

The United States prevailed in the case because the court upheld the district court's interpretation of the law, confirming that Forey-Quintero did not meet the requirements for derivative citizenship.

The United States prevailed in the case because the court upheld the district court's interpretation of the law, confirming that Forey-Quintero did not meet the requirements for derivative citizenship.

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