Edson Acevedo v. Loretta E. Lynch

Edson Acevedo petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the Immigration Judge’s (“IJ”) decision denying his claim to derivative citizenship and ordering him removed. Acevedo argues that he derived citizenship under 8 U.S.C. § 1431 (a) from his United States citizen stepfather. We deny the petition.

I.

Edson Acevedo was born in Mexico in 1987. Both of his biological parents are Mexican nationals. In 2000, when he was 12 years old, his mother married a United States citizen. The following year, Acevedo’s stepfather filed a Petition for Alien Relative on Acevedo’s behalf, and in 2002 Acevedo was admitted to the United States as a lawful permanent resident. Acevedo’s stepfather did not legally adopt him.

In 2008, Acevedo pled guilty to a charge of domestic violence in violation of Califor nia Penal Code section 273.5(a). Acevedo was initially granted probation, but violated its terms, and was ultimately sentenced to two years of imprisonment. In January 2010, the Department of Homeland Security filed a Notice to Appear, charging Acevedo with being subject to removal as an alien convicted of a crime of domestic violence…