NIGERIAN WINS 4-YEARS UNITED STATES IMMIGRATION RIGMAROLE!

 

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A Queens man who spent more than four years locked up in immigration detention was a U.S. citizen all along, judges decided this week.

Rosedale auto mechanic Gerald Nwozuzu, 36, who pleaded guilty to gun possession in 2002, was facing deportation because of his criminal record — but his lawyers successfully argued the Nigerian-born Nwozuzu actually became a citizen in 1994.

“I always had faith. Sometimes you feel like you want to give up, because of the hardship,” said Nwozuzu. “But you’re not only fighting for yourself, you’re fighting for your wife, your family, your parents.”

Judges at Manhattan’s U.S. Court of Appeals for the Second Circuit parsed legal phrasing to rule Monday that Nwozuzu, who was “residing permanently” in New York as a boy when his parents became U.S. citizens, became an automatic American when they gave their oath — even though he didn’t have a green card making him a “permanent resident."

The statute at the time automatically granted citizenship to kids when their parents naturalized, as long as they were under 18 and either had a green card or began to “reside permanently in the United States while under the age of eighteen years.”

The feds and the Board of Immigration Appeals both initially interpreted the phrase to mean Nwozuzu actually had to have a green card in order to “reside permanently.”

The appeals court judges on Monday decided that Congress, when they wrote the 1993 law, only intended that kids must be living in the U.S. with citizen parents to get this benefit.

Judge Denny Chin wrote the judges “would favor this reading in any event because it furthers the intent of Congress to keep families intact where possible.”



Read more: http://www.nydailynews.com/new-york/queens-auto-mechanic-declared-citizen-years-locked-immigration-detention-article-1.1425825#ixzz2c3mTQjpx