Graham

MEMORANDUM

Linden Winston Graham petitions for review from the Board of Immigration Appeals’ decision dismissing his appeal from the Immigration Judge’s order finding him removable as an alien who committed an aggravated felony.

Petitioner has never contested the government’s allegation that he committed three aggravated felonies. Instead, Petitioner claims he is actually a United States citizen (born on the U.S. Virgin Island of St. Croix), and therefore cannot be removed no matter what crimes he has committed. Petitioner argues he is being confused with a Jamaican citizen named Winston George Graham. The government claims Winston George Graham is simply Petitioner’s alias.

The only issue at the immigration hearings was Petitioner’s citizenship. The Immigration Judge found the government proved Petitioner’s alienage by clear and convincing evidence, and ordered him removed to Jamaica. The Board of Immigration Appeals dismissed his appeal.

The sole issue in this petition is whether Petitioner is entitled to a de novo hearing in district court on his claim that he is a U.S. citizen. Because Petitioner presents enough evidence to raise a genuine issue of material fact regarding…