Monday, March 28, 2005

No Technical Foul

Solis-Espinoza v. Gonzales, No. 03-70625 (3-23-05). In an immigration matter, the 9th reverses the BIA in a case involving what is "out of wedlock" and illegitimate. Here, the petitioner's father was a permanent resident; his biological mother was a Mexican citizen, and his father's wife (and adopted mother) was an American citizen The 9th finds that the child was adopted and accepted by his father and his wife, and so was neither illegitimate nor out of wedlock. He did qualify for derivative citizenship under 8 USC 1401(g).


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