Hector Soto v. United States

MEMORANDUM

Hector Rodrigo Soto appeals pro se from the district court’s denial of his “Petition for Common Law Writ of Audita Querela, Prohibition, Mandamus, Coram Nobis/Vobis, for Bail on Petitioner’s own Recognizance [without surety] and for Other Extraordinary Relief by a Person in Federal Custody as May be Required as a Matter of Law.” We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. United States v. Gamboa, 608 F.3d 492, 494 (9th Cir.2010) (reviewing de novo the denial of audita querela); Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir.2002) (reviewing de novo the denial of coram nobis); Independence Min. Co., Inc. v. Babbitt, 105 F.3d 502, 505 (9th Cir.1997) (whether the elements of the mandamus test are satisfied is a question of law reviewed de novo); Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir.2011) (reviewing de novo the denial of habeas). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court did not err in concluding that Soto is not a United States citizen where he alleged he did not take an oath of citizenship due to confinement to a military…