Judge Denny Chin
Nwozuzu, born in Nigeria, came to the United States when he was four years old. When he was 17, his parents were naturalized as United States citizens. Nwozuzu has now filed a petition for review of a decision by the Board of Immigration Appeals (BIA) to complete removal proceedings. Nwozuzu contended that removal was improper because he was a United States citizen by operation of a former provision of the Immigration and Nationality Act, namely §321(a). Applying Nowzuzu's facts to this provision Second Circuit found that he began to reside permanently in the United States, while still under the age of 18, after his parents were naturalized; and his application of adjustment to lawful permanent resident status, after his parents naturalized and when he was still seventeen, was an objective and official manifestation of his intent to reside permanently in the United States. The circuit also found that the BIA's interpretation of §321(a) was unreasonable and inconsistent with the text of the statute. Thus, the court ruled that Nwozuzu satisfied the requirements for derivative citizenship under §321(a). The petition was granted and the case was remanded to BIA for proceedings not inconsistent with this opinion.