Cesar Robleto v. Eric Holder, Jr.

MEMORANDUM

Petitioner Cesar Harley Robleto, a native of Nicaragua, petitions for review of the BIA order denying his claim of derivative citizenship and ordering his removal to Nicaragua. We have jurisdiction over this appeal pursuant to 8 U.S.C. § 1252 (a)(1), and we grant the petition for review.

The BIA erred when it held that Roble-to had not received derivative citizenship. Under 8 U.S.C. § 1432 , the statute in ef- feet in 1999, Robleto received derivative citizenship when his mother was naturalized and his father, who was not a U.S. citizen, did not legitimate him.

We look to California law to determine if legitimation occurred. Minasyan v. Gonzales, 401 F.3d 1069, 1076-77 (9th Cir.2005). Under California Family Code § 7611, a child is legitimated if the father “receives the child into his home and openly holds out the child as his natural child.” Cal. Fam.Code § 7611. The BIA, relying in part on the IJ’s reasoning, erred in its application of § 7611 when it concluded that Robleto’s father had received Robleto into his home. The testimony of Robleto and his mother, which the IJ found credible, as well as the documents produced to the IJ, demonstrate that Robleto’s father…