798 F.3d 1167
9th Cir.2015Background
- Edson Acevedo, born in Mexico in 1987, became a U.S. lawful permanent resident in 2002 after his mother married a U.S. citizen; his stepfather never legally adopted him.
- In 2008 Acevedo pled guilty to California domestic-violence charges and was later charged with removability under 8 U.S.C. § 1227(a)(2)(E)(i).
- Acevedo claimed he derived U.S. citizenship under 8 U.S.C. § 1431(a) as the child of his U.S. citizen stepfather.
- The IJ denied derivative citizenship relying on Matter of Guzman-Gomez; the BIA affirmed and dismissed Acevedo’s appeal; Acevedo petitioned for review in the Ninth Circuit.
- The Ninth Circuit reviewed the BIA’s legal conclusions de novo and considered whether the INA’s definition of “child” for naturalization includes stepchildren.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1101(c)(1)’s definition of “child” includes stepchildren for § 1431(a) derivative-citizenship claims | Acevedo: § 1101(c)(1) should be read to include stepchildren (paralleling § 1101(b)(1)) | Government/BIA: § 1101(c)(1) does not include stepchildren; Congress omitted stepchildren intentionally | Held: § 1101(c)(1) does not include stepchildren; Acevedo cannot derive citizenship under § 1431(a) |
| Whether § 1431(b)’s reference to § 1101(b)(1) implies § 1101(b)(1) applies to § 1431(a) | Acevedo: § 1431(b)’s cross-reference to § 1101(b)(1) should be read to apply to § 1431(a) too | Government/BIA: The reference in (b) is limited to adopted-children requirements; omission in (a) shows intent not to include stepchildren | Held: The reference in § 1431(b) does not extend to § 1431(a); canons and legislative history support excluding stepchildren |
Key Cases Cited
- Romero-Ruiz v. Mukasey, 538 F.3d 1057 (9th Cir. 2008) (review standards for BIA decisions and nationality claims)
- Minasyan v. Gonzales, 401 F.3d 1069 (9th Cir. 2005) (agency interpretations of citizenship laws are not entitled to Chevron deference)
- Scales v. INS, 232 F.3d 1159 (9th Cir. 2000) (only birth and naturalization confer U.S. citizenship)
- Miller v. Albright, 523 U.S. 420 (U.S. 1998) (discussion of statutory sources of citizenship)
- INS v. Cardoza-Fonseca, 480 U.S. 421 (U.S. 1987) (negative inference from omission in statutory text is permissible)
- United States v. Sarwari, 669 F.3d 401 (4th Cir. 2012) (agreeing with BIA that § 1101(c)(1) excludes stepchildren)