808 F.3d 939
1st Cir.2015Background
- Thompson, born in Jamaica in 1982, immigrated to the U.S. as a lawful permanent resident in 1997 after his father (who naturalized in 1992) petitioned for him.
- In 2001 Thompson pled guilty to second-degree assault in Connecticut and was later placed in removal proceedings as removable for that conviction.
- Thompson filed an N-600 claiming derivative U.S. citizenship under former 8 U.S.C. § 1432(a) (pre-2000 § 321), asserting his father had "legal custody" after a "legal separation" from Thompson’s mother.
- USCIS denied the N-600, concluding Thompson’s parents were never legally married and so could not have legally separated; an immigration judge ordered removal and the BIA affirmed.
- On appeal Thompson argued his parents were common-law spouses in Jamaica and that cessation of cohabitation constituted a "legal separation;" the First Circuit found he failed to prove either a legally recognized relationship or a legally cognizable separation prior to his father’s 1992 naturalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson derived citizenship under former § 321(a)(3) because his father had "legal custody" after a "legal separation" | Thompson: Parents were common-law spouses in Jamaica and legally separated when they stopped cohabiting, so father had legal custody at naturalization | Government: No evidence Jamaica recognized common-law marriage or that cessation of cohabitation equals a legal separation at relevant time | Held: Thompson failed to prove a legally recognized relationship or legal separation; derivative citizenship claim denied |
| Whether Jamaican law should be applied to determine "legal separation" and "legal custody" | Thompson: Jamaican common-law recognition should satisfy federal term | Government: The federal standard presumptively looks to the law where the relationship originated; no Jamaican law shown to support claim | Held: Court applies the law of the originating jurisdiction; Thompson did not show Jamaican recognition when required |
| Whether the 2004 Jamaican Property (Rights of Spouses) Act retroactively recognized the relationship | Thompson: Relied on the Property Act's definition of "spouse" | Government: The Act is not retroactive and took effect after 1992 | Held: Act is not retroactive; irrelevant to status at father's 1992 naturalization |
| Whether Thompson met his burden of proof for derivative citizenship | Thompson: Asserted the relationship in filings | Government: Points to lack of documentary or testimonial proof | Held: Burden on Thompson to prove citizenship by preponderance; unsupported assertions insufficient |
Key Cases Cited
- Fierro v. Reno, 217 F.3d 1 (1st Cir.) (state law governs meaning of "legal custody" for derivative citizenship)
- De Sylva v. Ballentine, 351 U.S. 570 (U.S. 1956) (no federal law of domestic relations; state law governs family-status questions)
- Wedderburn v. INS, 215 F.3d 795 (7th Cir.) (look to Jamaican law to determine parental marital status)
- Leal Santos v. Mukasey, 516 F.3d 1 (1st Cir.) (burden on claimant to prove citizenship by a preponderance)
- Batista v. Ashcroft, 270 F.3d 8 (1st Cir.) (court may consider evidence outside administrative record; summary-judgment-style review for factual disputes)