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Schreiber v. Cuccinelli, 981 F.3d 766 (10th Cir. Nov. 24, 2020)

Nov 24, 2020

In this case, the Tenth Circuit addressed the issue whether an adopted child could be a “legitimated” child under § 101(b)(1)(C) of the Immigration and Nationality Act.  The Act expressly applies to children “adopted while under the age of sixteen years,” but the child here was adopted at seventeen.  The petitioner argued that Kansas law considered adopted children “legitimated.”  The Tenth Circuit held that while state law may apply in determining how a parent may legitimate a child, the Board of Immigration Appeals did not err in interpreting the Act’s unambiguous plain language to mean that state law is inapplicable to determining whom a parent may legitimate, ultimately holding that § 101(b)(1)(C) does not apply to adopted children.