Betty Cabe v. Eric Holder, Jr.

MEMORANDUM

Elizabeth “Betty” Cabe, a native of Thailand, petitions for review of the Board of Immigration Appeals’ decision dismissing her appeal. Cabe appealed the Immigration Judge’s denial of her motion to terminate proceedings, and denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (b)(5)(A). We deny the petition for review.

First, Cabe argues that she is a United States citizen. Cabe was born in Thailand on August 25, 1966. Cabe’s mother, who was a Thai citizen, listed an American member of the armed forces as Cabe’s father on the birth certificate. Cabe’s father left Thailand before her birth, and since then neither Cabe nor any member of her family has ever contacted him. Cabe’s mother later married a different American serviceman. Cabe’s step-father adopted Cabe and her siblings, and in 1972 he brought her into the United States as a lawful permanent resident.

Cabe’s primary argument on appeal is that she automatically acquired citizenship through her step-father. Cabe argues that under these facts she meets the statutory requirements for automatic…