643 F.3d 367
2d Cir.2011Background
- Watson, a Jamaican native, entered the U.S. as a lawful permanent resident in 1998 to live with his father and his stepmother, who is a U.S. citizen.
- Watson was convicted in New York state court in 2004 (attempted robbery) and 2007 (attempted sale of cocaine), triggering DHS removal proceedings in 2008.
- Watson claimed derivative U.S. citizenship through his father, who naturalized in 2002 when Watson was 17, based on 8 U.S.C. § 1431(a).
- The IJ denied derivative citizenship, relying on Matter of Hines (2008) to hold that Watson, born out of wedlock, was not “legitimate” under Jamaican law and thus not a “child” under § 1101(c)(1).
- The BIA affirmed, also considering that even if Watson were legitimate, he was not proven to have been in his father’s legal custody at birth; the petition was granted and remanded for clarification of BIA’s legitimation standard and its application to Jamaican law.
- The court grants review and remands to the BIA for a clarified, consistent interpretation of “legitimated” and further factual development as to Jamaican law and custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Definition of legitimation under § 1101(c)(1) | Watson argues Jamaican legitimation should apply; he is a child if legitimated. | AG argues lack of legitimation due to non-marriage; even if legitimated, custody at birth may fail. | Remanded for clarification of BIA’s legitimation definition and its Jamaican law application. |
| How Jamaican law treats legitimation for derivative citizenship | Jamaican 1909/1976 acts may legitimize regardless of marriage. | Hines controls; legitimation requires marriage for out-of-wedlock children. | Remand to analyze Jamaica’s legitimate status and custody facts. |
| Custody at time of legitimation | Watson contends custody existed because he lived with father after birth. | Not proven he was in legal custody at the time of legitimation. | Remand to explore custody issue on remand. |
Key Cases Cited
- Matter of Clahar, 18 I. & N. Dec. 1 (BIA 1981) (held Jamaican Status of Children Act abolished illegitimacy as a legal distinction)
- Matter of Hines, 24 I. & N. Dec. 544 (BIA 2008) (upheld that legitimation requires marriage under Jamaican law for out-of-wedlock children)
- Lau v. Kiley, 563 F.2d 543 (2d Cir. 1977) (distinction between legitimate and illegitimate must affect rights/obligations)
- Butt v. Gonzales, 500 F.3d 130 (2d Cir. 2007) (remand and review procedures for BIA determinations)
- United States v. Jacobson, 15 F.3d 19 (2d Cir. 1994) (procedural guidance on remand and panel review)