Kamara v. Lynch

Petitioner, a native of Sierra Leone, sought review of the BIA's order affirming the IJ's finding that he lacked derivative United States citizenship under former 8 U.S.C. 1432(a)(3). The court held that the BIA misinterpreted the reach of the court’s decision in Bustamante-Barrera v. Gonzales, which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. Bustamante-Barrera is inapplicable to the present case and petitioner need only prove “actual uncontested custody.” Applying the proper standard, the court concluded that petitioner’s school records indicate that his mother had actual custody from 1991 to 2000. However, because genuine issues of material fact remain as to whether the actual custody was uncontested, the court remanded. Accordingly, the court granted the petition and, pursuant to 8 U.S.C. 1252(b)(5)(B), transferred to the district court for the judicial district in which petitioner resides. View "Kamara v. Lynch" on Justia Law