Thomas v. Lynch, No. 15-1805 (1st Cir. 2016)
Annotate this CaseWhen Thomas was a child, he was lawfully admitted to the United States for six months, but he and his parents remained in the country beyond that date. Thomas’s mother later became a naturalized United States citizen and, three days later, Thomas turned eighteen years old. Thomas did not apply to become a lawful permanent resident thereafter but, instead continued living in the United States without a lawful admission for permanent residence. Thomas was subsequently convicted in a Massachusetts state court for armed robbery. An Immigration Judge ordered Thomas removed, finding that Thomas was removable as an alien who had been convicted of an aggravated felony. The Board of Immigration Appeals affirmed. Thomas filed a petition for review, arguing that he satisfied the applicable statutory criteria for obtaining derivative citizenship in consequence of his mother’s naturalization. The First Circuit denied the petition, holding that Thomas did not satisfy the criteria set forth in the derivative citizenship statute that was in effect at the time he was still a minor.
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