United States Tenth Circuit

A petition for review of a final order of removal made pursuant to a finding that petitioner was an alien and removable because he committed an aggravated felony is denied over claims that: 1) because he met the statutory requirements for naturalization when his adoptive parents tendered an application on his behalf, he automatically acquired citizenship and was not subject to removal; 2) removal proceedings violated his Fifth Amendment due process rights because he was mentally incompetent; and 3) the agency failed to consider the appropriate factors when finding that he had committed a "particularly serious crime."

Appellate Information

• Decided 10/06/2006
• Published 10/06/2006

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and BRORBY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Laura L. Lichter, Lichter and Associates, P.C., Denver, CO, for Petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General;  Mark C. Walters, Assistant Director;  Stephen J. Flynn, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.