United States Fifth Circuit

In a petition for review of the BIA's decision to uphold the immigration judge’s (IJ) order of removal and the BIA's subsequent denial of petitioner's separate motions to reconsider and to reopen, the petition is denied where: 1) given that petitioner's parents did not acquire U.S. citizenship by virtue of their birth in the Philippines when it was a U.S. territory, petitioner could not have derived U.S. citizenship from them and was therefore removable if he was found to have been convicted of an aggravated felony; and 2) given that petitioner's term of imprisonment was over one year, the record of conviction established that petitioner was convicted of a theft offense pursuant to 8 U.S.C. section 1101(a)(43)(G) and is removable as an aggravated felon under 8 U.S.C. section 1227(a)(2)(A)(iii).

Appellate Information

• Decided 07/09/2010
• Published 07/12/2010

Judges

• Per Curiam

Court

• United States Fifth Circuit

Counsel