US v. Forey-Quintero, No. 09-15330

By FindLaw Staff on December 02, 2010 | Last updated on March 21, 2019

Unlawful Entry Conviction Affirmed

In US v. Forey-Quintero, No. 09-15330, defendant's conviction for being an alien, previously removed from the U.S., who was found in the U.S. without having obtained permission to reenter, the court affirmed where the phrase "begins to reside permanently in the United States while under the age of eighteen years" contained in 8 U.S.C. section 1432(a)(5) required the status of a lawful permanent resident.


As the court wrote:  "This appeal presents the question of whether appellant Eduardo Forey-Quintero is a derivative citizen of the United States as provided in the derivative citizenship statute formerly codified at 8 U.S.C. § 1432 when, at the time of his mother's naturalization, and thereafter, while under the age of eighteen years, he was not a lawful permanent resident."

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