German Zuniga-Hurtado v. Eric Holder, Jr.

MEMORANDUM

German Zuniga-Hurtado petitions for review of a decision of the Board of Immigration Appeals affirming the immigration judge’s denial of his motion to terminate removal proceedings based on Zuniga-Hurtado’s claim that he was a citizen of the United States. We review the BIA’s decision regarding legal question related to claims of citizenship de novo. See Scales v. INS, 232 F.3d 1159, 1162 (9th Cir.2000). Because genuine issues of material fact existed with regard to Zuniga-Hurtado’s nationality, we transferred this matter to the district court for a determination of Zuniga-Hurtado’s claim of United States citizenship. See 8 U.S.C. § 1252 (b)(5)(B). The district court held a hearing on Zuniga-Hurtado’s citizenship claim and denied declaratory relief. Zuni-ga-Hurtado now seeks review of the district court’s decision that he failed to prove his claim of United States citizenship. We have jurisdiction under 8 U.S.C. § 1252 (b)(2). Because the district court’s finding that Zuniga-Hurtado failed to establish that he was a United States citizen was not clearly erroneous, we deny the petition for review.

1. The district court correctly applied the preponderance of the…