U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part II— Nationality Through Naturalization

8 U.S.C. § 1432

Repealed. Pub. L. 106–395, title I, § 103(a), Oct. 30, 2000, 114 Stat. 1632

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[repealed]

Notes of Decisions
Cited in 309 cases (40 in the last 5 years), 1954–2026 · leading case: Johnson v. Whitehead, 647 F.3d 120 (4th Cir. 2011).
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Johnson v. Whitehead, 647 F.3d 120 (4th Cir. 2011). · cites it 20× “He claims that he is a citizen under 8 U.S.C. § 1432 (a)(3). As explained below, that claim falters under the plain meaning of this constitutionally valid act of Congress.”
Monssef Cheneau v. Merrick Garland, 997 F.3d 916 (9th Cir. 2021). · cites it 12× “GARLAND SUMMARY** Immigration Remanding to the three-judge panel that previously denied Monssef Cheneau’s petition for review of a decision of the Board of Immigration Appeals, the en banc court held that the second clause of the derivative citizenship statute set out at former…”
Javier Ontoniel Bustamante-Barrera v. Alberto R. Gonzales, U.S. Attorney Gen., 447 F.3d 388 (5th Cir. 2006). · cites it 8× “Petitioner’s challenge to the BIA’s decision is based on a former version of 8 U.S.C. § 1432 (a), under which Petitioner claims to have automatically derived U.”
Kirk Washington Lewis v. Alberto R. Gonzales, Attorney Gen., 481 F.3d 125 (2d Cir. 2007). · cites it 8× “The IJ and BIA reasoned that Lewis did not derive citizenship from his father because his parents, who never married, never effected the “legal separation” that 8 U.S.C. § 1432 (a)(3) (repealed 2000) requires before a legitimated alien child may derive citizenship through a…”
Andre Camille Smart v. John Ashcroft, Attorney Gen., 401 F.3d 119 (2d Cir. 2005). · cites it 12× “In his petition, Smart argues that former section 321 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1432 (repealed 2000), the derivative citizenship statute applicable to foreign-born children of alien parents who become naturalized citizens, discriminates against…”
Catwell v. Attorney Gen. of the United States, 623 F.3d 199 (3rd Cir. 2010). · cites it 7× “Finally, Petitioner contends that former 8 U.S.C. § 1432 (a)(3) “unconstitutionally discriminates against [him] based upon legitimacy and gender.”
Nwozuzu v. Holder, 726 F.3d 323 (2d Cir. 2013). · cites it 7× “Here, the law in effect when seventeen-year old Nwozuzu applied for lawful permanent residence status after his parents were naturalized was former section 321(a) of the Immigration and Nationality Act (the “INA”), 8 U.S.C. § 1432 (a) (1994) (repealed 2000) (“section 321(a)”).”
Jhonson Barthelemy, AKA Johnson Barthelemy v. John D. Ashcroft, U.S. Attorney Gen., 329 F.3d 1062 (9th Cir. 2003). · cites it 6× “As Barthelemy was born abroad to alien parents, derivative citizenship in this case is governed by Immigration and Nationality Act (INA) § 321(a), 8 U.S.C. § 1432 (a), now repealed. 1 In relevant part, § 321(a) provides: A child born outside of the United States of alien parents…”
Mark Anthony Herbert Jordon v. Attorney Gen. of the United States, 424 F.3d 320 (3rd Cir. 2005). · cites it 5× “§ 2241 in the United States District Court for the Middle District of Pennsylvania challenging a final order to remove him on grounds that he is a non-removable, derivative United States citizen under the since-repealed 8 U.S.C. § 1432 (a). The District Court granted Jordon’s…”
Morgan v. Attorney Gen. of the United States, 432 F.3d 226 (3rd Cir. 2005). · cites it 6× “Under former section 321(a) of the Immigration and Naturalization Act, 8 U.S.C. § 1432 (a), a child born outside the United States automatically acquires United States citizenship if, while the child is under the age of eighteen, the parent with legal custody of the child is…”
Duarte-Ceri v. Holder, 630 F.3d 83 (2d Cir. 2010). · cites it 8× “citizen by operation of former section 321(a) of the Immigration and Nationality Act (the "INA"), 8 U.S.C. § 1432 (a) (1999), repealed by Pub.”
Odiri Nkofi Bagot v. John Ashcroft James Ziglar Kenneth Elwood, 398 F.3d 252 (3rd Cir. 2005). · cites it 4× “8 U.S.C. § 1432 (a) (1999) (emphasis added), repealed by Child Citizenship Act of 2000 (“CCA”), § 103, Pub.”
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— 8 U.S.C. § 1432(a) — 3 cases
Monssef Cheneau v. William Barr, 971 F.3d 965 (9th Cir. 2020).
Espindola v. Barber, 152 F. Supp. 829 (N.D. Cal. 1957).
Hector Leandro Vazquez v. Attorney Gen. of the United States, 433 F.2d 516 (D.C. Cir. 1970).
— 8 U.S.C. § 1432(a)(3) — 1 case
Mandoriao v. Gonzales, 212 F. App'x 641 (9th Cir. 2006).
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