United States First Circuit

BIA's ruling denying petitioner's claim of derivative U.S. citizenship and ordering him removed from the U.S. to Jamaica is affirmed where: 1) petitioner failed to establish his claim to derivative U.S. citizenship by a preponderance of credible evidence and is not entitled to such citizenship; and 2) petitioner's claim that he will be deprived of due process of law under the Fifth Amendment if his permanent residence card is revoked retroactively without a formal proceeding is without merit as the card was not lawfully granted in the first place and petitioner received all of the process that he was due.

Appellate Information

• Decided 12/11/2009
• Published 12/11/2009

Judges

• TORRUELLA, Circuit Judge., TORRUELLA, SELYA, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gerald Karikari, for petitioner.


• For Appellees:
  
• Julia J. Tyler, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director, was on brief for respondent.