Mohammed Hassan Faizan KHALID, Petitioner,
v.
Jefferson B. SESSIONS III, United States Attorney General, Respondent.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 11, 2018.
Decided: September 13, 2018.
Attorney(s) appearing for the Case
WAYNE SACHS , Sachs Law Group, LLC, Philadelphia, PA, for Petitioner.
PAUL F. STONE , Senior Counsel for National Security, Office of Immigration Litigation ( Chad A. Readler , Acting Assistant Attorney General, Civil Division, Ethan B. Kanter , Deputy Chief, National Security Unit, Office of Immigration Litigation, on the brief), U.S. Department of Justice, Washington, D.C., for Respondent.
Andrew Wachtenheim , Immigrant Defense Project, New York, NY, for Amici Curiae Center for Family Representation, Her Justice, Sanctuary for Families, The Door's Legal Services Center, Columbia Law School Immigrants' Rights Clinic, New York University School of Law, Immigrant Rights Clinic, Kathryn O. Greenberg Immigration Justice Clinic at Benjamin N. Cardozo School of Law, Brooklyn Defender Services, Monroe County Public Defender's Office, Neighborhood Defender Service of Harlem, New York County Defender Services, The Bronx Defenders, Legal Aid Society, Center for Constitutional Rights, Inc., Immigrant Defense Project, and Professors Chris Gottlieb, Kim Taylor-Thompson, Martin Guggenheim, Michael Wishnie, Randy Hertz, and Tony Thompson, in support of Petitioner.
Judge Jacobs, Circuit Judge, with whom Judge Hall joins, concurs in a separate opinion.
Droney, Circuit Judge:
Under the Immigration and Nationality Act (INA), a child under the age of eighteen who is a legal permanent resident (LPR) of the United States acquires citizenship when that child's parent becomes a U.S. citizen if the child is residing in the United States in the "legal and physical custody" of the citizen parent. 8 U.S...
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