JOSEPH BOATENG V. ERIC HOLDER, JR., No. 11-72044 (9th Cir. 2012)

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FILED SEP 18 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSEPH KWAKU BOATENG, Petitioner, No. 11-72044 Agency No. A087-454-482 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Joseph Kwaku Boateng petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s removal order. We have jurisdiction under 8 U.S.C. § 1252. Boateng claims that he is a citizen of the United States. We conclude that * 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). the record in this case presents a genuine issue of material fact as to whether Boateng was born in the United States, and is therefore a United States citizen. Accordingly, we transfer these proceedings to the United States District Court for the District of Arizona to conduct a de novo hearing on Boateng s claim to United States citizenship. See 8 U.S.C. § 1252(b)(5)(B); Ayala-Villanueva v. Holder, 572 F.3d 736, 738, 740 (9th Cir. 2009). We hold the petition for review in abeyance pending the district court s decision. MATTER TRANSFERRED TO THE DISTRICT OF ARIZONA; PETITION FOR REVIEW HELD IN ABEYANCE. 2 11-72044

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