Merlita Pascua Summerfield v. U.S. Immigration and Naturalization Service

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Merlita Pascua SUMMERFIELD, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70424. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1992. Decided Sept. 19, 1994. Before: TANG, PREGERSON, and ALARCON, Circuit Judges. MEMORANDUM 1 Merlita Pascua Summerfield petitions for review of a Board of Immigration Appeals decision upholding an order of deportation issued by an immigration judge. Summerfield contends that she is not subject to deportation because she is a United States citizen or national by virtue of her birth in the Philippines during the time that country was a United States territory. We deny the petition. I. 2 Summerfield, who was born in the Philippines in 1938, was a United States national at birth. See Philippine Government Act, ch. 1369, 32 Stat. 691 , 692 (1902) (deeming certain inhabitants of the Philippine Islands citizens of the Philippines…