Ramirez Garcia v. Holder , 358 F. App'x 873 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 03 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROMEO RAMIREZ-GARCIA, No. 07-72911
Petitioner, Agency No. A12 519 653
v.
MEMORANDUM *
ERIC H. HOLDER JR.,
ATTORNEY GENERAL,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 2, 2009
San Francisco, California
Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.
Petitioner Romeo Ramirez-Garcia seeks review of a decision of the Board of
Immigration Appeals affirming an immigration judge’s order of deportation. The
immigration judge denied Ramirez-Garcia’s claim of derivative United States
citizenship and his application for withholding of removal. The citizenship claim
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
is the only issue that Ramirez-Garcia has presented here. We have jurisdiction
over the petition pursuant to 8 U.S.C. § 1252.
We need not address Ramirez-Garcia’s challenge to the admissibility of his
father’s affidavit and related papers because we conclude that, whether or not the
disputed material is admitted, the record presents a genuine issue of material fact
with regard to Ramirez-Garcia’s claim to be a national of the United States. See 8
U.S.C. § 1252(b)(5)(B). When the record shows “a genuine issue of material fact
about the petitioner’s nationality,” the statute requires us to transfer this proceeding
to the district court for “a new hearing on the nationality claim and a decision on
that claim.” Id.; see Ayala-Villanueva v. Holder, 572 F.3d 736, 738, 740 (9th Cir.
2009). We accordingly transfer this proceeding to the District Court for the
District of Arizona for a de novo hearing on Ramirez-Garcia’s nationality. We
hold the petition for review in abeyance pending the district court’s decision.
Ayala-Villanueva, 572 F.3d at 740.
MATTER TRANSFERRED TO DISTRICT COURT OF ARIZONA;
PETITION FOR REVIEW HELD IN ABEYANCE.
2