Travis Murphy v. Immigration & Naturalization Service

Travis Murphy petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the determination of the immigration judge (“IJ”) that Murphy is de-portable to Jamaica, pursuant to 8 U.S.C. §§ 1251 (a)(1)(B), 1251(a)(2)(A)(iii), and 1251(a)(2)(B)(i), as an alien convicted of cocaine trafficking after entering the country without inspection. Murphy contends that the BIA decision is not based on substantial evidence because the government did not meet its burden of proof to provide clear, convincing, and unequivocal evidence of al-ienage, and that the deportation proceedings denied him due process because of the admission of an unauthentieated 1-213 and an unauthenticated statement of an agent who was not present for cross-examination. In the alternative, Murphy asks that his case be transferred to the United States district court for de novo determination of his claim to citizenship, pursuant to 8 U.S.C. § 1105a(a)(5)(B). We have jurisdiction under 8 U.S.C. § 1105a(a). We grant the petition for review and vacate the BIA decision.

FACTUAL AND PROCEDURAL BACKGROUND

After Murphy’s conviction for sale or transportation of a controlled substance, the INS issued…