Mandoriao v. Gonzales , 212 F. App'x 641 ( 2006 )

MEMORANDUM ^**

Jose Joel Mandoriao petitions for review of the Board of Immigration Appeals’ affirmance of an order of deportation issued by an Immigration Judge. Because he raises a question of law, we have jurisdiction pursuant to 8 U.S.C. § 1252(a)(2)(D). We deny the petition.

Under former INA § 321(a), a child could derive United States citizenship solely from his father’s naturalization if the parents were legally separated and the father had legal custody of the child.¹ The parents must have been legally separated at the time of the father’s naturalization, however.² Mandoriao’s parents were not legally separated at the time of his father’s naturalization.³ Additionally, the record is clear that Mandoriao’s father never had legal custody over him. Thus, Mandoriao did not derive United States citizenship when his father was naturalized.⁴

PETITION DENIED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . 8 U.S.C. § 1432(a)(3) (repealed by the Child Citizenship Act of 2000, Pub.L. No. 106-395, 114 Stat. 1631).

2 . See Minasyan v. Gonzales, 401 F.3d 1069, 1076-80 (9th Cir.2005) (performing a detailed analysis of whether legal separation of the parents occurred before naturalization and concluding that Minasyan was a United States citizen "because his parents were legally separated when his custodial parent was naturalized”).

3 . Id.

4 . 8U.S.C. § 1432(a)(3).