Olga Nubia Ceja De Brown v. Department of Justice Immigration and Naturalization Service Board of Immigration Appeal

De Brown appeals from the judgment of the district court denying her habeas corpus petition challenging the Board of Immigration Appeal’s (Board) order finding that she was not a native born United States citizen and excluding her. The district court had jurisdiction pursuant to 28 U.S.C. § 2241 and 8 U.S.C. § 1105a(b). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We affirm.

I

De Brown attempted to gain entry to the United States from Mexico by presenting a birth certificate that she claimed was issued by the State of California. The Immigration and Naturalization Service (INS) was not satisfied with the authenticity of the certificate and subsequently initiated exclusion proceedings pursuant to 8 U.S.C. § 1182 (a)(20).

At the exclusion hearing, to support her claim of birth in the United States, De Brown presented a copy — not an original — of an uncertified California birth certificate, the live testimony of her mother, and affidavits from two people who asserted they witnessed or knew of the birth. Contradicting her claim of United States birth was a certified Mexican birth certificate and a Certification of No Record issued by the State of…