ROMERO-MENDOZA V. HOLDER

9th Circuit

Romero-Mendoza v. Holder (9th Circuit, December 19, 2011)

RAWLINSON, Fisher, Timlin (distct)

Summary: “Joseph Haaron Romero-Mendoza (Romero) petitions this court for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal. The BIA found that Romero was removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) because he had committed a crime of violence and failed to establish entitlement to relief from removability. Romero contends that he obtained derivative citizenship from his mother’s naturalization in this country, in accordance with 8 U.S.C. § 1432. The sole issue on appeal is whether Romero’s paternity was legitimated under Salvadoran law, which would defeat his claim of derivative citizenship. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we affirm the BIA’s decision.”

In applying its decision in Ayala-Villanueva v. Holder, 572 F.3d 736 (9th Cir. 2009), the Ninth Circuit held that because petitioner’s parents married before his mother naturalized that petitioner was legitimated under 8 U.S.C. § 1432 (1997), the statutory provisions enforce at the time of his mother’s naturalization.  Accordingly, petitioner could not derive citizenship through his mother’s naturalization.

Read the opinion here.