Gonzalez v. Holder, Jr., No. 14-60378 (5th Cir. 2014)
Annotate this CasePetitioner, born in Mexico, petitioned for review of the BIA's decision affirming the IJ's order of removal, contending that removal is improper because he derived citizenship from his father under former 8 U.S.C. 1432(a)(5) of the Immigration and Nationality Act (INA). The court declined to decide whether the Second Circuit or the BIA has the correct interpretation of section 1432(a)(5) because petitioner does not qualify for derivative citizenship under either interpretation. The court also rejected petitioner's claim that section 1432(a)(5) does not require an individual to be lawfully present in the country. Because petitioner is not entitled to derivative citizenship under section 1432, the court also denied his motion to stay and transfer his case. The court declined to decide whether the proper interpretation of section 1432 is that of the Ninth and Eleventh Circuits or the Second Circuit because petitioner's claim fails under either approach.
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