United States Second Circuit

In a petition for review of the BIA's denial of petitioner's motion to reopen removal proceedings, the petition is held in abeyance and the matter is transferred to the district court where petitioner was still "under the age of eighteen years" when his mother was naturalized, but there had been no factual finding as to the actual timing of petitioner's birth, and thus a new hearing on the nationality claim was required.

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• Denny Chin

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Amy V. Meselson, Yamileth G. Handuber