MARTIN CARDOZA-SEPULVEDA V. ERIC HOLDER, JR., No. 10-73638 (9th Cir. 2015)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 26 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS MARTIN CARDOZA-SEPULVEDA, AKA Martin Lugo Morales, No. 10-73638 Agency No. A041-104-474 Petitioner, MEMORANDUM* v. 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, CardozaSepulveda 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 Therefore, Cardoza-Sepulveda is not a citizen under INA § 321(a), 8 U.S.C. § 1432(a) (enacted 1988)(repealed 2000), because his father was a citizen at birth, not through naturalization.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. 2
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