904 F.3d 129
2d Cir.2018Background
- Khalid, an LPR who entered the U.S. in 2007, was arrested in July 2011 at age 17 on federal terrorism-related charges and held in federal pretrial juvenile detention (Berks).
- Khalid's father naturalized on August 17, 2011, while Khalid remained detained and was still under 18; Khalid turned 18 the following month and later was transferred to an adult facility.
- Khalid cooperated extensively with prosecutors, pleaded guilty to 18 U.S.C. § 2339A, was sentenced to five years, and after serving his sentence was placed in ICE custody and served with removal proceedings based on his conviction.
- Khalid moved to terminate removal, claiming he became a U.S. citizen under 8 U.S.C. § 1431(a) because he was in his father’s “legal and physical custody” when the father naturalized; the IJ and BIA denied the claim, holding he was not in physical custody because he was not actually residing with his father.
- The Second Circuit granted review and held that brief, temporary federal pretrial juvenile detention did not terminate the father’s "physical custody" for § 1431(a) purposes; it vacated the BIA and ordered termination of removal proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Khalid was in "physical custody" of his father under 8 U.S.C. § 1431(a) when father naturalized | Khalid: "physical custody" is a legal parent–child custody relationship and does not end because of a brief, temporary detention | DHS/BIA: "physical custody" requires the child to be actually residing with the citizen parent at the time of naturalization (or before turning 18) | Court: Temporary pretrial juvenile detention did not terminate the father’s physical custody; Khalid acquired derivative citizenship |
| Proper interpretive sources for "physical custody" in § 1431(a) | Khalid: use family-law meaning and state-law definitions to inform "physical custody" as a term of art | DHS: apply federal standard and BIA precedent emphasizing actual residence | Court: consults state family-law definitions, statutory history, and federal canons; federal standard informed by state-law usage and CCA purpose |
| Whether statutory history (Child Citizenship Act) supports narrowing or broad reading of "physical custody" | Khalid: CCA liberalized derivative citizenship and intended to preserve family unity; custody requirement ensures connection to naturalizing parent but should not be read narrowly to exclude temporary separations | DHS: custody phrase limits derivative citizenship to children actually residing with naturalizing parent | Court: CCA intended to ensure real connection but also to liberalize; reading that excludes brief separations conflicts with statute’s remedial purpose |
| Whether federal juvenile pretrial detention statutes negate parental custody for § 1431(a) | Khalid: JDPA and related provisions promote parental involvement and favor preserving custody despite detention | DHS: detention places child in governmental custody and severs physical custody | Court: JDPA shows Congress favors family involvement in juvenile detention and that mere pretrial detention should not automatically sever parental physical custody |
Key Cases Cited
- Garcia v. USICE (Dep't of Homeland Sec.), 669 F.3d 91 (2d Cir.) (use of state law to construe custody in derivative-citizenship context)
- Duarte-Ceri v. Holder, 630 F.3d 83 (2d Cir.) (CCA construed to preserve family unity and ensure child’s connection to naturalizing parent)
- Nehme v. INS, 252 F.3d 415 (5th Cir.) (legislative history: derivative naturalization aimed to ensure real interests in the U.S.)
- Holyfield v. Mathews, 490 U.S. 30 (Sup. Ct.) (federal definitions may draw on general state-law principles)
- Robinson v. Shell Oil Co., 519 U.S. 337 (Sup. Ct.) (statutory terms read in context of overall scheme)
- Judulang v. Holder, 565 U.S. 42 (Sup. Ct.) (agency action must rest on non-arbitrary, relevant factors)
- Berenyi v. Dist. Dir., INS, 385 U.S. 630 (Sup. Ct.) (evidentiary presumptions in immigration proceedings)