United States Second Circuit

Order concluding that petitioner, who was removable on account of his conviction for a controlled substance offense, neither derived citizenship from his naturalized father nor merited cancellation of removal is upheld where: 1) 8 U.S.C. section 1432(a)(3) (repealed 2000) requires the parents of a legitimated alien child to effect a "legal separation" - even when the parents never were married in the first place - before the child may derive automatic citizenship from either of his parents individually; 2) petitioner's parents did not effect any such separation; and 3) the court lacks jurisdiction to review the denial of cancellation of removal, and petitioner waived his argument that his felony marijuana offense is not a controlled substance offense.

Appellate Information

• Decided 03/23/2007
• Published 03/23/2007

Judges

• PER CURIAM., Before WINTER, WALKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Israel Arana, Coral Gables, FL, for Petitioner.


• For Appellees:
  
• Dexter A. Lee, Assistant United States Attorney, Of Counsel (R. Alexander Acosta, United States Attorney, Southern District of Florida, Anne R. Schultz, Kathleen M. Salyer, Assistant United States Attorneys, on the brief), Miami, FL, for Respondent.