Hamid Kamara v. Loretta Lynch

JONES, Circuit Judge:

Petitioner Hamid Kamara (“Kamara”) seeks review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“U”) finding that he lacked derivative United States citizenship under former 8 U.S.C. § 1432(a)(3). We hold that the BIA misinterpreted the reach of this court’s decision in Bustamante-Barrera v. Gonzales, 447 F.3d 388 (5th Cir.2006), which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. We GRANT the petition and TRANSFER pursuant to 8 U.S.C. §…