Franco P. Clement v. U.S. Attorney General, No. 21-13382 (11th Cir. 2023)
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During removal proceedings, Petitioner wrote to the Board of Immigration Appeals asking to withdraw his appeal of an immigration judge’s decision and to be deported. The Board granted his withdrawal request. He now asserts that the federal laws governing derivative citizenship are unconstitutional and seeks a declaration that he is a U.S. citizen as a judicial remedy.
The Eleventh Circuit denied his appeal. The court concluded that although it has jurisdiction to determine whether the Board erroneously withdrew Petitioner’s appeal, he does not argue the Board did. Further, the court explained that Petitioner also forfeited judicial review of his claims by withdrawing his appeal and asking to be deported. The court explained that Petitioner also moved to transfer this case to the United States District Court for the District of New Jersey on the ground that there are “genuine issue[s] of material fact” about his claim that former 8 U.S.C. Section 1432(a) unconstitutionally discriminates based on gender and race. However, the court reasoned that because it concluded that Petitioner forfeited any right to judicial review of that claim, there is no genuine issue of material fact that requires the court to transfer this case to the district court.
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