United States Second Circuit

A petition for review of BIA's dismissal of an untimely appeal from an order of removal is dismissed in part and remanded in part where: 1) court lacks jurisdiction to consider all of petitioner's claims except his claim for derivative citizenship; and 2) petitioner appears to have met the requirements for derivative citizenship as provided in the section 321 of the INA in 1984 (the law in effect when petitioner fulfilled the last requirement for derivative citizenship) to warrant reconsideration.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, WINTER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jennifer Oltarsh, Oltarsh & Associates, P.C., New York, N.Y., submitted a brief for Petitioner.


• For Appellees:
  
• Carol Federight, Senior Litigation Counsel, Peter D. Keisler, Asst. Atty. General, M. JocelynLopez Wright, Asst. Director, Civil Division, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., submitted a brief for Respondents.