DUARTE-CERI v. HOLDER

Docket No. 08-6128-ag.

630 F.3d 83 (2010)

Ramón Antonio DUARTE-CERI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: December 6, 2010.


Attorney(s) appearing for the Case

Amy V. Meselson ( Steven Banks , Adriene L. Holder , Scott A. Rosenberg , Jojo Annobil , and Maria Navarro , on the brief), The Legal Aid Society, New York, NY, for Petitioner.

Yamileth G. Handuber ( Tony West , Terri J. Scadron , and Corey L. Farrell , on the brief), U.S. Department of Justice, Washington, DC, for Respondent.

Judge LIVINGSTON dissents in a separate opinion.


CHIN, Circuit Judge:

On June 14, 1973, petitioner Ramón Antonio Duarte-Ceri ("Duarte") was born in the Dominican Republic. On June 14, 1991—eighteen years later to the day— Duarte's mother was naturalized as a U.S. citizen in New York. The parties and the Immigration Judge below assumed that Duarte was born in the evening and that his mother was naturalized in the morning. The question presented is whether Duarte was still "under the age of eighteen...

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