Monday, March 28, 2005

A Bounce Pass to Citizenship

Minasyan v. Gonzales, No. 02-73556 (3-22-05). In another derivative citizenship cases, the 9th finds that the petitioner was indeed a US citizen by virtue of derivative citizenship under the now defunct 8 USC 1432(a)(3). The focus was on whether the mother was legally separated from petitioner's father. The mother later became a citizen while the petitioner was still under age. If she was legally separated, then she had sole custody and the there was no policy issue or bar in that the other parent would oppose such a derivative citizenship. The 9th looked at state law, and considered California's definition of separation (with language about deference to state findings that echoes that particular case in Florida that has been in the news) and found that she indeed was legally separated and that the marriage was effectively ended.


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