United States Second Circuit

Petition for rehearing of a previous decision remanding a derivative citizenship claim to the BIA is denied where: 1) under 8 U.S.C. section 1252(b)(5), the court's authority of "decide" nationality claims did not preclude a remand for further consideration by the BIA; and 2) there was no reason not to obtain the BIA's view on the merits of the citizenship claim in the underlying case.

Appellate Information

• Decided 05/20/2008
• Published 05/20/2008

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.