Mondaca-Vega

Mondaca-Vega v. Ashcroft

Good Law
104 F. App'x 627
United States Court of Appeals for the Ninth CircuitJuly 12, 2004No. 03-71369California441 words

Opinion

Lead Opinion

MEMORANDUM **

An individual known both as Salvador Mondaca-Vega and as Reynaldo Mondaca-Carlon (hereinafter referred to as “Monda-ca”) appeals the Board of Immigration Appeals (BIA)’s summary affirmance of Immigration Judge Kendall Warren’s finding that Mondaca was not a United States citizen and was therefore deportable. Mondaca contends that his case was not appropriate for summary affirmance by BIA. He also contends that the government has not met its burden of proving that he is not a U.S. citizen — or, alternatively, that a genuine issue of material fact exists as to his citizenship and that his case should therefore be transferred to a district court for a de novo hearing.

We have jurisdiction under 8 U.S.C. § 1105a(a)(2), as amended by § 309(c) of the Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. 104-208, 110 Stat. 3009 (Sept. 30, 1996). Because the parties are familiar with the facts and procedural history, they are not recited here except as necessary to explain our analysis. For the reasons set forth below, we transfer this case to District Court for de novo review of Monda-ca’s citizenship claim.

Under the IIRIRA transitional rules, 1…

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