Okpala v. Whitaker, No. 17-60391 (5th Cir. 2018)Annotate this Case
The Fifth Circuit granted a petition for review of the BIA's decision affirming the IJ's deportation order. The court held that the BIA erred in construing 8 U.S.C. 1227(a)(2)(A)(iii) to apply to an individual who was a naturalized citizen at the time of conviction. In this case, petitioner was not rendered an "alien" at the time of conviction by nature of his subsequent ab initio denaturalization. Therefore, petitioner was not subject to deportation under section 1227(a)(2)(A)(iii) because he was a naturalized citizen at the time he was convicted.