Norberto Vega-Alvarado v. Eric H. Holder Jr.

MEMORANDUM

Vega-Alvarado petitions for review of a decision of the Board of Immigration Appeals affirming the immigration judge’s denial of his motion to terminate removal. Because we determined there to be a genuine issue of material fact about Vega-Alvarado’s nationality, the proceeding was transferred to the district court for a new hearing and decision on Vega-Alvarado’s claim of United States nationality. See 8 U.S.C. § 1252 (b)(5)(B). Vega-Alvarado seeks review of the district court’s finding that he failed to prove his claim to United States citizenship. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

The issue before the district court was whether Vega-Alvarado established by preponderance of the evidence that his father, Agustín Vega (Agustín), was physically present in the United States for at least ten years before Vega-Alvarado’s birth in 1959, five of which were after Agustín turned fourteen in 1935. See Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (“The applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child’s birth”);…