Latest Case: Park v. Barr (Immigration Law)

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Park v. Barr

Docket: 18-55914

Opinion Date: January 7, 2020

Judge: Per Curiam

Areas of Law: Immigration Law

The Ninth Circuit reversed the district court's denial of a petition challenging USCIS's denial of petitioner's application for naturalization. USCIS and the district court found that petitioner and her first husband were both California domiciliaries at the time they obtained their Korean divorce, meaning that their divorce was of "no force or effect" in California. At issue was whether petitioner was "domiciled" in California at the time of her divorce. The panel held that petitioner, as a B-2 nonimmigrant whose lawful status had lapsed, was precluded from establishing lawful domicile in California by operation of federal law. Therefore, the panel held that petitioner's divorce and subsequent marriage were valid under California law, she was properly admitted for permanent residency based on her marriage to a United States citizen, and she is entitled to naturalization.