Rodolfo Nepomuceno v. Eric H. Holder Jr.

MEMORANDUM

Rodolfo Navarro Nepomuceno and his wife Jacqueline Gallas Nepomuceno, natives and citizens of the Philippines, petition for review of a decision of the Board of Immigration Appeals affirming the immigration judge’s denial of their motion to terminate removal proceedings and their applications for cancellation of removal. Because we found that a genuine issue of material fact about Rodolfo Navarro Nepo-muceno’s nationality was presented, the matter was transferred to the district court for a new hearing and decision on Rodolfo Navarro Nepomuceno’s claim of United States nationality. See 8 U.S.C. § 1252 (b)(5)(B). Petitioners seek review of the district court’s finding that Rodolfo Navarro Nepomuceno failed to prove his claim of United States citizenship. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

The district court did not clearly err in finding that Rodolfo Navarro Nepo-muceno failed to prove that he was United States citizen where he presented inadequate documentary evidence in support of his claim. See Sanchez-Martinez v. INS, 714 F.2d 72, 74 (9th Cir.1983) (district court’s findings of fact regarding citizenship are reviewed…