Sunday, May 14, 2006

Misc. non-precedential, including derivative citizenship CSPA issue

Calix-Chavarria v. Gonzales, No. 05-3447 (3d Cir. May 12, 2006) (not precedential): overturning Judge Walter A. Durling to require BIA to rule whether someone who was under 18 when his mom applied for citizenship but was over 18 by the time she actually became a citizen can derive citizenship by being treated as if he were still under 18 when his mom got citizenship. This would require using the rationale behind the Child Status Protection Act (but CSPA does not cover derivative citizenship issues). The Third Circuit requires the BIA to rule on whether to allow preserving under-18 status where INS took a long time to approve the mother's citizenship application.

"JJ" v. Gonzales, No 05-2638 (3d Cir. Apr. 12, 2006) (not precedential): overturning IJ's negative credibility determination because it was speculative, trifling, or failed to reach the heart of the claim. For example, the IJ latched onto how the asylum-seeker got a person whose name he did not know to arrange for documents to be sent from China to him. It was speculation to believe not knowing that person's name must mean the asylum-seeker faked the documents.

Jules v. Gonzales, No. 05-2847 (3d Cir. Apr. 13, 2006) (not precedential): rejecting appeal claiming derivative citizenship because not exhausted in prior proceedings. Diverging from the Ninth Circuit, which recognized an exception to the exhaustion doctrine for a citizenship claim. Theagene v. Gonzales, 411 F.3d 1107, 1111 (9th Cir. 2005).


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