The Ninth Circuit has determined that former 8 USC 1432(a)(5) requires a child to have obtained lawful permanent residence in the United States prior to age 18 in order to derive citizenship. The concurrence, though recognizing that prior Ninth Circuit precedent mandates this outcome, noted a differing interpretation from the Second Circuit, and concluded that the Ninth Circuit’s interpretation is on “the wrong side of the circuit split.”
The full text of Cheneau v. Barr can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/19/15-70636.pdf