Romero-Ruiz v. Mukasey, No. 06-74494 (9th Cir.)(August 13, 2008)

THOMAS, Trott, Hogan

Under former INA § 321, 8 U.S.C. § 1432, a child born outside the United States to alien parents becomes a citizen upon the naturalization of the parent having legal custody (where there has been a legal separation of the parents) or the mother (if the child was born out of wedlock) if (1) “such naturalization takes place while such child is under the age of eighteen years,” and (2) “such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent . . . or thereafter begins to reside permanently in the United States while under the age of eighteen years.” 8 U.S.C. § 1432(a) (repealed 2000). 

Petitioner here argued that the meaning of "reside permanently" in the second clause in 1432(2) meant that he did not have to be an LPR - just residing in the U.S. - and that given the facts of his case he derived U.S. citizenship from his mother when she naturalized; petitioner was not a LPR when his mother naturalized although he was under 18.  The 9th Circuit held, however, that "reside permanently" meant LPR status and therefore petitioner did not derive U.S. citizenship when his mother naturalized.

The 9th Circuit also determined that petitioner's false claim to U.S. citizenship did not fall within the INA § 212(a)(6)(C)(i)(II) exception since petitioner's father was not a U.S. citizen at the time of the false claim. 

Read opinion here

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