United States Ninth Circuit

Petitioner’s challenge to the Board of Immigration Appeals' removal order is denied for lack of jurisdiction and transferred to the district court for evidentiary findings regarding his claim that he is a US citizen where: 1) the panel had jurisdiction to review only petitioner's non-frivolous citizenship claim; 2) petitioner may be able to establish citizenship if he can show that the Immigration and Naturalization Service's (INS) mishandling of his and his mother’s naturalization applications resulted in a violation of due process rights; and 3) if the district court finds that the INS acted unconstitutionally, it could order the agency to grant petitioner citizenship as a remedy.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel