United States Ninth Circuit

A petition for review of a removal order is granted and the case remanded with instructions for the BIA to vacate the removal order, where: 1) a removal order that has been executed against a person claiming to be a US citizen is a reviewable final order of removal within the meaning of 8 USC section 1252(a); and 2) the BIA lacked jurisdiction to remove the petitioner from the country because he was a U.S. citizen under former 8 USC section 1409(a), which granted him derivative citizenship as a person whose paternity was established while he was under 21 by legitimation under Arizona's legitimacy statute.

Appellate Information

• Decided 03/12/2012
• Published 03/12/2012

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stacy E. Don, Kirsten L. Daeubler