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Matter of Baires-Larios

24 I&N Dec. 467 (B.I.A. 2008)
Matter of Baires-Larios

5 Cited authorities

  1. Jordon v. Attorney General of U.S.

    424 F.3d 320 (3d Cir. 2005)   Cited 117 times
    Holding that because petitioner's habeas petition was converted to a petition for review under the REAL ID Act, “whether Jordon was ‘in custody’ under § 2241 is a jurisdictional inquiry no longer relevant to our analysis here”

  2. Bagot v. Ashcroft

    398 F.3d 252 (3d Cir. 2005)   Cited 107 times   1 Legal Analyses
    Holding that "it is appropriate to look to state law to define 'legal custody'" because the INA did not define the term and because "[l]egal relationships between parents and children are typically governed by state law..."

  3. Bustamante-Barrera v. Gonzales

    447 F.3d 388 (5th Cir. 2006)   Cited 88 times
    Holding that the petitioner did not meet section 1432's criteria despite a state nunc pro tunc order, which retroactively awarded sole legal custody to the petitioner's citizen mother, because during the relevant time his parents shared joint legal custody

  4. Saxbe v. Bustos

    419 U.S. 65 (1974)   Cited 64 times
    Holding that daily and seasonal alien commuters qualify as immigrant aliens rather than as nonimmigrant aliens

  5. Section 1432 - Repealed

    8 U.S.C. § 1432   Cited 314 times   1 Legal Analyses
    Granting derivative citizenship to a minor child of alien parents upon "[t]he naturalization of the parent having legal custody of the child when there has been a legal separation of the parents"