Brandao v. Att'y Gen. of the U.S., No. 09-3550 (3d Cir. 2011)Annotate this Case
Petitioner was born in Cape Verde in 1979 and admitted into the U.S. as a legal permanent resident in 1985, when his mother immigrated; she became a citizen in 1996. The Department of Homeland Security instituted removal proceedings in 2008 for an aggravated felony conviction. He sought to terminate proceedings pursuant to the Immigration and Nationality Act (8 U.S.C. 1432(a)(3)), contending that he derived citizenship through his mother, who was unwed when he was born and naturalized prior to his eighteenth birthday. The immigration judge ordered removal, reasoning that Congress repealed section 1432(a) by enacting the Child Citizenship Act of 2000, 114 Stat. 1631, effective prior to all relevant events. The Board of Immigration Appeals affirmed. The Third Circuit denied review. Petitioner was legitimated by a Cape Verde statute, making him ineligible for derivative citizenship pursuant to 8 U.S.C. 1432(a)(3).