No. 15-70636.

997 F.3d 916 (2021)

Monssef CHENEAU, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2021.

Attorney(s) appearing for the Case

Kari E. Hong , Boston College Law School, Newton, Massachusetts, for Petitioner.

Craig A. Newell Jr. , Trial Attorney; Emily Anne Radford , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Brian P. Goldman and Sachi Schuricht , Orrick Herrington & Sutcliffe LLP, San Francisco, California, for Amici Curiae ACLU of Southern California, Al Otro Lado, Federal Defenders of San Diego Inc., Florence Immigrant and Refugee Rights Project, Northwest Immigrant Rights Project, Public Counsel, Margaret Stock, U.C. Davis Immigrant Law Clinic, and Unified U.S. Deported Veterans Resource Center.

Sabrineh Ardalan and Philip L. Torrey , Attorneys; George Biashvili , Salah Muhiddin , and Michael Shang , Law Students; Harvard Immigration and Refugee Clinical Program, Cambridge, Massachusetts; for Amici Curiae Immigration Law Scholars.

Dissent by Judge Bress.


We voted to rehear this case en banc to consider the requirements for two different pathways by which a child of a naturalized citizen parent can derive U.S. citizenship under former 8 U.S.C. § 1432(a)(5) (1994) (repealed 2000). Under the first pathway, a child "residing in the United States pursuant to...


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