Jose Luis Perdomo-Padilla v. John Ashcroft, Attorney General

Petitioner Jose Luis Perdomo Padilla, a citizen of Mexico, was convicted of conspiracy to distribute marijuana. The Immigration and Naturalization Service (“INS”) instituted removal proceedings against him pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii), which provides for the removal of an alien who has been convicted of an aggravated felony. Arguing that he is a “national of the United States” within the meaning of 8 U.S.C. § 1101 (a)(22) because he completed an application for naturalization containing a statement of allegiance to the United States, Petitioner appeals the Board of Immigration Appeals’ (“BIA”) decision ordering his removal. We hold that the filing of an application for naturalization does not change an applicant’s immigration status from that of an alien to that of a national because, under the Immigration and Nationality Act (“INA”), a person may become a “national of the United States” only through birth or naturalization. Accordingly, we deny the petition.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner, a Mexican citizen, entered the United States through the Port of Entry in San Ysidro, California, and became a legal permanent resident of the United States in…