Martin Cardoza-Sepulveda v. Eric Holder, Jr. , 599 F. App'x 661 ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 26 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MARTIN CARDOZA-SEPULVEDA, No. 10-73638
AKA Martin Lugo Morales,
Agency No. A041-104-474
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 11, 2015**
San Francisco California
Before: CALLAHAN, M. SMITH, and WATFORD, Circuit Judges.
Martin Cardoza-Sepulveda appeals from the BIA’s determination that
because he failed to establish that he is a United States citizen, his motion to
terminate deportation proceedings was properly denied. Because the parties are
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
familiar with the facts and procedural history of this case, we repeat only those
facts necessary to resolve the issues raised on appeal. We deny the petition for
review.
“[T]here must be strict compliance with all the congressionally imposed
prerequisites to the acquisition of citizenship.” Fedorenko v. United States, 449
U.S. 490, 506 (1981). Cardoza-Sepulveda has conceded that he is not a United
States citizen by birth under INA § 301(a)(7), 8 U.S.C. § 1401(a)(7)(1964),
because his father, a United States citizen at birth, was not physically present in the
United States for the time required by the statute – ten years, five of which were
after the age of 14 – prior to Cardoza-Sepulveda’s birth. Additionally, Cardoza-
Sepulveda does not make the argument that he or his father naturalized under INA
§ 316(a), 8 U.S.C. § 1427(a), or that either of them satisfied the requirements
necessary for naturalization. See, e.g., INA § 312(a), 8 U.S.C. § 1423(a); INA §
313, 8 U.S.C. § 1424; INA § 337, 8 U.S.C. § 1448. Therefore, Cardoza-Sepulveda
is not a citizen under INA § 321(a), 8 U.S.C. § 1432(a) (enacted 1988)(repealed
2000), because his father was a citizen at birth, not through naturalization. Because
Cardoza-Sepulveda is not a United States citizen, his motion to terminate
deportation proceedings was properly denied.
PETITION FOR REVIEW DENIED.
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