Khalid v. Sessions

Droney, Circuit Judge:

Under the Immigration and Nationality Act (INA), a child under the age of eighteen who is a legal permanent resident (LPR) of the United States acquires citizenship when that child's parent becomes a U.S. citizen if the child is residing in the United States in the "legal and physical custody" of the citizen parent. 8 U.S.C. § 1431(a). In this petition, we are asked to construe the term "physical custody" in 8 U.S.C. § 1431(a) as it applies to the unique situation presented here.

In July 2011, the FBI arrested Petitioner Mohammed Hassan Faizan Khalid for allegedly…