Cheneau v Garland
May 13, 2021OUTCOME: Case remanded to the three-judge panel for application of the new rule to Cheneau's case.
The Ninth Circuit Court of Appeals, sitting en banc, held that the second clause of the derivative citizenship statute set out at former 8 U.S.C. § 1432(a)(5) does not require that the child have be ... en granted lawful permanent residency prior to the age of eighteen in order to derive citizenship from a parent who naturalized, but the child must have demonstrated an objective official manifestation of permanent residence.