Duarte-Ceri v. Holder

CHIN, Circuit Judge:

On June 14, 1973, petitioner Ramón Antonio Duarte-Ceri (“Duarte”) was born in the Dominican Republic. On June 14, 1991 — eighteen years later to the day— Duarte’s mother was naturalized as a U.S. citizen in New York. The parties and the Immigration Judge below assumed that Duarte was born in the evening and that his mother was naturalized in the morning. The question presented is whether Duarte was still “under the age of eighteen years” when his mother took the naturalization oath. If so, Duarte acquired derivative U.S. citizenship from his mother by operation of law, and…