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Keywords

affidavitdivorcevisacitizenship
divorcevisacitizenship

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Kamara v. Lynch

Facts

Hamid Kamara was born in Sierra Leone and became a lawful permanent resident in the U.S. in 1994 after his mother, Theresa Nuhad Kargbo, filed a visa petition for him. Kamara's parents divorced in Texas in 1990, but the divorce decree did not include any custody provisions. Kamara lived with his mother in the U.S. from 1991 to 2000, during which time she became a naturalized citizen. After being detained by ICE in 2009, Kamara sought to establish his derivative citizenship, claiming he was in his mother's actual uncontested custody.

Hamid Kamara was born in Sierra Leone and became a lawful permanent resident in the U.S. in 1994 after his mother, Theresa Nuhad Kargbo, filed a visa petition for him. Kamara's parents divorced in Texas in 1990, but the divorce decree did not include any custody provisions.

Issue

The main issue was whether the BIA correctly interpreted the legal custody requirement under 8 U.S.C. 1432(a)(3) as necessitating sole legal custody, or whether actual uncontested custody sufficed.

The main issue was whether the BIA correctly interpreted the legal custody requirement under 8 U.S.C. 1432(a)(3) as necessitating sole legal custody, or whether actual uncontested custody sufficed.

Rule

The court held that under 8 U.S.C. 1432(a)(3), a child can derive citizenship if the naturalizing parent had actual uncontested custody, even in the absence of a formal custody order.

The court held that under 8 U.S.C. 1432(a)(3), a child can derive citizenship if the naturalizing parent had actual uncontested custody, even in the absence of a formal custody order.

Analysis

The court analyzed the BIA's interpretation of Bustamante-Barrera and concluded that it was misapplied. The court clarified that the requirement for 'sole legal custody' only applies in cases where there is a joint custody order. Since Kamara's case lacked such an order, he only needed to demonstrate that he was in his mother's actual uncontested custody, which was supported by his school records and affidavits.

The court analyzed the BIA's interpretation of Bustamante-Barrera and concluded that it was misapplied. The court clarified that the requirement for 'sole legal custody' only applies in cases where there is a joint custody order.

Conclusion

The Fifth Circuit granted Kamara's petition for review, finding that the BIA's decision was based on an incorrect standard, and remanded the case for further proceedings to determine if Kamara's custody was indeed uncontested.

The Fifth Circuit granted Kamara's petition for review, finding that the BIA's decision was based on an incorrect standard, and remanded the case for further proceedings to determine if Kamara's custody was indeed uncontested.

Who won?

Hamid Kamara prevailed in the case because the court found that the BIA had misinterpreted the legal standard for custody, allowing him to proceed with his claim for derivative citizenship.

Hamid Kamara prevailed in the case because the court found that the BIA had misinterpreted the legal standard for custody, allowing him to proceed with his claim for derivative citizenship.

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