Chant

Chant v. Ashcroft

Good Law
71 F. App'x 731
United States Court of Appeals for the Ninth CircuitAugust 1, 2003No. 02-71981California401 words

Opinion

Lead Opinion

MEMORANDUM **

Peter Chant petitions for review of a Board of Immigration Appeals (“BIA”) removal order. 1 We dismiss Chant’s petition for lack of jurisdiction.

This court does not have jurisdiction “to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in ... [8 U.S.C. § ]1227(a)(2)(A)(iii),(B),(C), or (D).” 8 U.S.C. § 1252 (a)(2)(C). Constitutional challenges to the removal of aliens who have been convicted of one of the enumerated offenses must be raised in district court through habeas petitions. Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1064 (9th Cir.2003). We retain jurisdiction, however, “to determine whether a petitioner ‘is an alien [removable] by reason of having been convicted of one of the enumerated offenses.’ ” Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000) (quoting Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999)).

Chant claims that he is not an alien because he has obtained nationality through, inter alia, his extended stay in the United States, his application for naturalization, his oath of loyalty, and his many recitations of the Pledge of the Allegiance and Boy Scout…

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