United States Ninth Circuit

Petition for review of a final order of removal by the BIA is denied where the circuit court rejects a claim that, although petitioner did not file an application for naturalization prior to the applicable statutory deadline, the government was equitably estopped from denying his citizenship because its own affirmative misconduct precluded a timely filing. A motion to transfer the case to the district court for an evidentiary hearing regarding his possible United States citizenship is denied as there was no genuine issue of material fact concerning nationality.

Appellate Information

• Argued 01/09/2008
• Decided 03/11/2008
• Published 03/11/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  JEROME FARRIS and MILAN D. SMITH, Jr., Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robin C. Carr, Law Offices of Robin Carr, San Diego, CA, for the petitioner.


• For Appellees:
  
• Carl H. McIntyre, Jr., and Patrick J. Glen, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.