Gil v. Sessions, No. 15-3134 (2d Cir. 2017)Annotate this Case
Petitioner, born in the Dominican Republic to unwed parents and admitted to the United States as a lawful permanent resident, sought review of the BIA's decision affirming the IJ's finding that petitioner was ineligible for derivative citizenship and denial of petitioner's motion to terminate removal proceedings. Petitioner argued that he became a U.S. citizen derivatively when his father was naturalized in 1980, when petitioner was eleven years old. The court agreed with the IJ and BIA that petitioner was not a "child" eligible for derivative citizenship because he was not "legitimated" within the meaning of the Immigration and Nationality Act (INA), 8 U.S.C. 1432(a). In this case, the elimination of legal distinctions between children born in and out of wedlock under Dominican law did not occur before petitioner's sixteenth birthday. Furthermore, petitioner failed to identify any legal authority suggesting that New York has eliminated all legal distinctions between children based on the marital status of their parents. Accordingly, the court dismissed the petition for review.