Way

MEMORANDUM

Dean Michael Way (“Way”), a native of Vietnam and a lawful permanent resident of the United States, petitions this court for review of a final decision of the Board of Immigration Appeals (“BIA”), which affirmed the order of an Immigration Judge (“IJ”). The IJ denied Way’s application for a waiver of deportation under § 212(c) of the Immigration and Nationality Act (“INA”). The BIA affirmed the finding of the IJ that Way was “an alien who is deportable by reason of having committed [an aggravated felony] covered in section 241(a)(2)(A)(iii).” 2 Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (“AEDPA”) § 440(d).

Way contends that the INS does not have jurisdiction over him because he is eligible for derivative citizenship, either through his adoptive parents, who are United States citizens, or through his biological father, whom he claims is also a United States citizen. Way claims that the BIA erred in denying his application for discretionary relief from deportation pursuant to § 212(c) of the INA. .

This court has jurisdiction to “determine for itself whether the petitioner is .(i) an alien (ii) deportable (iii) by reason…