Nwozuzu v. Holder, No. 11-5089 (2d Cir. 2013)
Annotate this CasePetitioner, who was born in Nigeria and came to the United States when he was four years old, petitioned for review of the BIA's dismissal of an appeal of an IJ's decision denying his motion to terminate his removal proceedings. At issue was whether petitioner's failure to become a lawful permanent resident before turning eighteen years old, when his parents became naturalized citizens when he was seventeen, barred him from claiming derivative citizenship from his parents. In considering petitioner's claim, the court must apply the law in effect when he fulfilled the last requirement for derivative citizenship. In this instance, the law in effect when petitioner applied for lawful permanent residence status after his parents were naturalized was former section 321(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1432(a). The court concluded that petitioner satisfied the derivative citizenship conditions of section 321(a) and, therefore, granted the petition for review and remanded for further proceedings.
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