Viloria v. Lynch, No. 11-73725 (9th Cir. 2015)
Annotate this CasePetitioner, an adopted son of a natural-born U.S. citizen father and naturalized U.S. citizen mother, petitioned for review of his citizenship claim. The IJ agreed with petitioner that he was not removable because he obtained automatic derivative citizenship from his parents upon his adoption. The BIA concluded, however, that petitioner has not met his burden to establish citizenship. The BIA vacated the IJ's termination order and remanded. The court concluded that it lacked jurisdiction to consider petitioner's citizenship claim where petitioner has not been ordered removed, and rejected petitioner's claim that the statutory provision for review of nationality claims under 8 U.S.C. 1252(b)(5) creates an exception to the court's limitation to review of final orders. Accordingly, the court dismissed the petition for lack of jurisdiction.
Court Description: Immigration. The panel dismissed Sunny Calaogan Viloria’s petition for review of the Board of Immigration Appeals’ decision finding that he failed to establish derivative United States citizenship. The panel held that this court lacks jurisdiction to resolve Viloria’s citizenship claim on appeal of the BIA’s decision vacating the Immigration Judge’s order terminating removal proceedings and remanding, because there was no final order of removal. The panel held that the statutory provision for review of nationality claims, 8 U.S.C. § 1252(b)(5), did not create an exception to this court’s limitation to review of final removal orders.
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