Hernandez-Garcia

MEMORANDUM ***

Juan Carlos Hernandez-Garcia (“Hernandez”) appeals his conviction for illegal re-entry after deportation. The district court determined that Hernandez was not entitled to derivative citizenship through his naturalized father and was thus appropriately considered an alien within the meaning of 8 U.S.C. § 1326 . We affirm.

The district court correctly applied the former child citizenship provision embod *69 ied in 8 U.S.C. § 1432 instead of the Child Citizenship Act of 2000 (the “CCA”). Hernandez turned eighteen prior to the effective date of the CCA. We have held that the CCA is not retroactive and that it “granted automatic citizenship only to those children who were under the age of 18, and who met the other criteria, on February 27, 2001.” Hughes v. Ashcroft, 255 F.3d 752, 760 (9th Cir.2001).

Hernandez also contends that the preCCA statute violates equal protection because it treats the children of married parents differently from those whose parents are legally separated. 1 We need not reach this constitutional argument, however, because even if we agreed that the provision is unconstitutional, Hernandez would still not be entitled to the relief he…