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Gamez-Villagrana v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
No. 05-75441 (9th Cir. Aug. 19, 2008)

Opinion

No. 05-75441.

Argued and Submitted March 13, 2007 San Francisco, California.

August 19, 2008.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A71-841-726.

Before: BRUNETTI, W. FLETCHER, and BEA, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


We vacate the stay of removal and deny Gamez-Villagrana's petition for review of the Board of Immigration Appeals' ("BIA") decision affirming the Immigration Judge's ("IJ") order finding him removable based on a prior conviction involving a controlled substance.

Gamez-Villagrana petitioned for review in this court, arguing that he is not removable because he acquired United States citizenship through his mother, Simona, a United States citizen who is now deceased. See Gamez-Villagrana v. Gonzales, No. 05-75441 (9th Cir. Aug. 2, 2007). Pursuant to 8 U.S.C. § 1252(b)(5)(B), we held his petition in abeyance and transferred the proceeding to the federal district court for the District of Arizona, where petitioner is in custody, for a de novo hearing on his claim of citizenship. See id.

After an evidentiary hearing, the district court concluded that Petitioner is not a citizen of the United States. Gamez-Villagrana v. Mukasey, No. CV-07-1519-PHX-FJM (D. Ariz. June 11, 2008). The district court's holding was based on Petitioner's abandonment of his claim to citizenship under 8 U.S.C. § 1409(c) and his failure to satisfy his burden of proof of citizenship under 8 U.S.C. § 1401(g). See id. Following the district court's decision, the government has moved in this court to vacate the stay of removal, affirm the BIA, and deny the petition for review. Petitioner has not submitted a response.

Because the district court resolved Petitioner's claim to citizenship against him, and because Petitioner did not challenge the district court's order or attempt to raise any additional bases for review, we grant the government's motion.

Stay of removal VACATED and petition for review DENIED.


Summaries of

Gamez-Villagrana v. Mukasey

United States Court of Appeals, Ninth Circuit
Aug 19, 2008
No. 05-75441 (9th Cir. Aug. 19, 2008)
Case details for

Gamez-Villagrana v. Mukasey

Case Details

Full title:ARTURO GAMEZ-VILLAGRANA, A.K.A. Arturo Games Villagrama A.K.A. Arturo…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2008

Citations

No. 05-75441 (9th Cir. Aug. 19, 2008)