Martin Cardoza-Sepulveda v. Eric Holder, Jr.

MEMORANDUM

Martin Cardoza-Sepulveda appeals from the BIA’s determination that because he failed to establish that he is a United States citizen, his motion to terminate deportation proceedings was properly denied. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We deny the petition for review.

“[T]here must be strict compliance with all the congressionally imposed prerequisites to the acquisition of citizenship.” Fedorenko v. United States, 449 U.S. 490, 506 , 101 S.Ct. 737 , 66 L.Ed.2d 686 (1981). Cardoza-Sepulveda has conceded that he is not a United States citizen by birth under INA § 301(a)(7), 8 U.S.C. § 1401 (a)(7)(1964), because his father, a United States citizen at birth, was not physically present in the United States for the time required by the statute — ten years, five of which were after the age of 14 — prior to Cardoza-Sepulveda’s birth. Additionally, Cardoza-Sepulveda does not make the argument that he or his father naturalized under INA § 316(a), 8 U.S.C. § 1427 (a), or that either of them satisfied the requirements necessary for naturalization. See,…