United States Fourth Circuit

Petition for review of final order of removal, entered after BIA rejected petitioner's claim of citizenship over claim by petitioner, a native of Afghanistan, that he attained derivative citizenship after his parents' Pakistani divorce and upon his father's naturalization, is dismissed as petitioner failed to demonstrate that his parents were legally separated for purposes of U.S. immigration law.

Appellate Information

• Decided 11/13/2006
• Published 11/13/2006

Judges

• Before WILLIAMS and KING, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ronald Darwin Richey, Rockville, Maryland, for Appellant.  Ernesto Horacio Molina, II, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, George M. Kelley, III, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia;  Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellee.