Mustanish

In this appeal, we consider Petitioner Jess Mustanich’s (Mustanich) petition for review of a final order of removal by the Board of Immigration Appeals (BIA). Mustanich was convicted of burglary and subsequently ordered removed under 8 U.S.C. § 1227 (a)(2)(A)(iii) as an alien who committed an aggravated felony. He seeks to terminate his removal proceedings on the ground that he is a United States citizen, arguing that although he did not file an application for naturalization prior to the applicable statutory deadline, the United States is equitably estopped from denying his citizenship because the Government’s own affirmative misconduct precluded a timely filing. We reject this argument and deny the petition on the authority of INS v. Pangilinan, 486 U.S. 875 , 108 S.Ct. 2210 , 100 L.Ed.2d 882 (1988), which established that citizenship cannot be conferred by estoppel where the statutory requirements for naturalization have not been satisfied.

Mustanich also moves to transfer his case to the district court for an evidentiary hearing regarding his possible United States citizenship. We deny the motion because there is no genuine issue of material fact concerning nationality. See 8…