Diaz-Sosa

MEMORANDUM **

Petitioner Diaz-Sosa, a native and citizen of Mexico, was ordered removed after being convicted of an aggravated felony under 21 U.S.C. §§ 841 (a), 952, and 960. The Bureau of Immigration Appeals denied his request for cancellation of removal. He appeals claiming that he is a citizen or national of the United States.

We have jurisdiction to determine if a genuine issue of material fact exists as to whether Diaz-Sosa is a national or citizen, and therefore, not an alien subject to removal under the immigration laws. Hughes v. Ashcroft, 255 F.3d 752, 755 (9th Cir.2001); Scales v. INS, 232 F.3d 1159, 1161 (9th Cir.2000); 8 U.S.C. § 1252 (b)(5)(A). Diaz-Sosa contends that his continued presence in the United States and his application for citizenship qualifies him for national status. We have acknowledged that lengthy residence alone does not qualify an individual as a national. Hughes, 255 F.3d at 756 ; United States v. Sotelo, 109 F.3d 1446, 1448 (9th Cir.1997). To obtain national status after birth, a person must, at a minimum, apply for citizenship to demonstrate permanent allegiance to the United States. Hughes, 255 F.3d at 757 . Athough Diaz-Sosa applied for…