Forey-Quintero: Defendant is Alien, Not a Citizen

In U.S. v. Forey-Quintero, No. 09-15330 (Nov. 30, 2010), the Court affirmed a conviction for unlawful re-entry into the United States, in violation of 8 U.S.C. § 1326(a). The sole issue in the case was whether Forey-Quintero could not guilty of this offense because he previously had acquired derivative citizenship by virtue of his mother’s naturalization when he was under the age of 18. The Court found that because Forey-Quintero did not have lawful permanent resident status at the relevant time under the applicable immigration statute, he did not acquire derivative citizenship, but was an alien, and therefore was guilty of unlawful re-entry.