Opinion
No. 11-72044 Agency No. A087-454-482
09-18-2012
JOSEPH KWAKU BOATENG, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Joseph Kwaku Boateng petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's removal order. We have jurisdiction under 8 U.S.C. § 1252.
Boateng claims that he is a citizen of the United States. We conclude that the record in this case presents a genuine issue of material fact as to whether Boateng was born in the United States, and is therefore a United States citizen. Accordingly, we transfer these proceedings to the United States District Court for the District of Arizona to conduct a de novo hearing on Boateng's claim to United States citizenship. See 8 U.S.C. § 1252(b)(5)(B); Ayala-Villanueva v. Holder, 572 F.3d 736, 738, 740 (9th Cir. 2009). We hold the petition for review in abeyance pending the district court's decision.
MATTER TRANSFERRED TO THE DISTRICT OF ARIZONA; PETITION FOR REVIEW HELD IN ABEYANCE.