127 F.4th 878
11th Cir.2025Background
- Sheldon Turner, born in Jamaica to Jamaican parents, immigrated to the U.S. as a child and became a lawful permanent resident.
- Turner's parents divorced in 1987; his mother remarried and later remarried Turner's father in 1994 before she naturalized as a U.S. citizen in 1999.
- Turner was under 18 and lawfully residing in the U.S. when his mother naturalized; his father was alive at that time but later died in 2001.
- In 2016, Turner was convicted of an aggravated felony, prompting removal proceedings.
- Turner argued he derived citizenship under former 8 U.S.C. § 1432(a)(3), based on his mother’s naturalization following his parents’ earlier legal separation.
- The Immigration Judge and BIA denied Turner’s claim, ruling that the legal separation condition must be ongoing at the time of naturalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a past legal separation satisfies § 1432(a)(3)'s requirement when the naturalizing parent and non-citizen parent are remarried at the time of naturalization | Turner: A prior legal separation, regardless of remarriage, meets the statute’s condition if the other requirements are fulfilled before age 18 | Government: Legal separation must still exist (no remarriage) at the naturalization for derivative citizenship to vest under § 1432(a)(3) | The court held that the legal separation must continue through the naturalization event for derivative citizenship; a remarriage before naturalization defeats eligibility |
Key Cases Cited
- Levy v. U.S. Att’y Gen., 882 F.3d 1364 (11th Cir. 2018) (derivative citizenship under § 1432 requires the legal separation and custody conditions to exist at the time of naturalization; purpose is to protect noncitizen parents' rights)
- Joseph v. Holder, 720 F.3d 228 (5th Cir. 2013) (legal separation must exist at the time of parent’s naturalization for derivative citizenship)
- Jaffal v. Dir. Newark New Jersey Field Off. Immigr. & Customs Enf’t, 23 F.4th 275 (3d Cir. 2022) (legal separation and legal custody must exist at the moment of naturalization)
- Minasyan v. Gonzales, 401 F.3d 1069 (9th Cir. 2005) (child must show parents were legally separated at the time of mother’s naturalization for derivative citizenship)