Lt. Colonel Patrick Schreiber v. Tracy Renaud, Acting Director, United States Citizenship and Immigration Services, et al.

The definition of “child” in Section 1101(b)(1) of the Immigration and Nationality Act includes “a child legitimated under the law of the child’s [or father’s] residence or domicile.” Under this provision, is the law of the relevant residence or domicile dispositive of whether a child is “legitimated,” or does the subsection mandate application of a federal common-law definition of “legitimated” before turning to state law? In the alternative, should the Tenth Circuit’s decision below, which imposed a judicially created administrative issue-exhaustion requirement on a constitutional claim, be vacated and remanded for reconsideration in light of the Court’s recent decision in Carr v. Davis?