Crider
Crider v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM *
Michael Fabiano Crider petitions for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). Crider argues that the BIA erred in denying his claim that because he was a minor alien child adopted by U.S. citizen parents, he is either a citizen by birth pursuant to § 301 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1401 , a derivative citizen pursuant to former INA § 320, 8 U.S.C. § 1431 (amended 2000), or a derivative citizen pursuant to former INA § 321, 8 U.S.C. § 1432 (repealed 2000). In addition, Crider argues that the BIA’s interpretation of the INA violates his right to equal protection.
We review de novo purely legal questions related to nationality. See Hughes v. Ashcroft, 255 F.3d 752, 757-58 (9th Cir. 2001). Although the BIA’s interpretation of the INA is ordinarily subject to Chevron deference, such deference is not owed to the BIA’s determinations regarding citizenship because the INA explicitly places the determination of nationality claims solely in the hands of the court of appeals. See id. Nevertheless, we agree with the BIA that none of the statutory provisions at issue apply to Crider.