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SCHREIBER v. CUCCINELLI

No. 18-3215.

981 F.3d 766 (2020)

Lt. Col. Patrick SCHREIBER, Plaintiff-Appellant, v. Kenneth T. CUCCINELLI, Acting Director, U.S. Citizenship and Immigration Services; David Douglas, District Director, U.S. Citizenship and Immigration Services; Chad F. Wolf, Acting Secretary, U.S. Department of Homeland Security; William Barr, Attorney General, the U.S. Department of Justice, Defendants-Appellees, Children and Family Law Center; Adoptee Rights Campaign, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 24, 2020.

Attorney(s) appearing for the Case

Robert D. Friedman , Institute for Constitutional Advocacy and Protection ( Rekha Sharma-Crawford , Sharma-Crawford, Attorneys at Law, LLC; Joshua A. Geltzer , Institute for Constitutional Advocacy and Protection, with him on the briefs), Washington, D.C., for Plaintiff-Appellant.

T. Monique Peoples , Senior Litigation Counsel, U.S. Department of Justice, Office of Immigration Litigation ( Joseph H. Hunt , Assistant Attorney General, U.S. Department of Justice; William C. Peachey , Director, Office of Immigration Litigation; Elianis N. Perez , Assistant Director, Office of Immigration Litigation, with her on the brief), Washington, D.C., for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.

This case presents the issue of whether a father's adopted child can qualify as his "legitimated" child for purposes of § 101(b)(1)(C) of the Immigration and Nationality Act ("Act"), 8 U.S.C. § 1101(b)(1)(C), when the child is not his biological child. The Act provides,...

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