Toor

Toor v. Gonzales

Good Law
122 F. App'x 375
United States Court of Appeals for the Ninth CircuitFebruary 16, 2005No. 03-73381California753 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Toor appeals a Board of Immigration Appeals decision summarily affirming the Immigration Judge’s denial of his motion to terminate removal proceedings and removal and deportation order. Toor argues that he is not subject to removal because: 1) he obtained citizenship pursuant to Immigration and Nationality Act (“INA”) § 322, 8 U.S.C. § 1433 (1976); or, in the alternative, 2) that the Government is estopped from claiming that he is not a citizen. Because Toor failed to comply with the requirements and procedures of INA § 322 and because the Government’s conduct was not sufficient to war *377 rant imposition of estoppel, we hereby deny Toor’s petition for review.

INA § 822 enables children of citizen-parents to obtain citizenship. 1 INA § 822, 8 U.S.C. § 1483 . The citizen-parent may petition for the naturalization of his or her child, who may be naturalized if the child is a lawful permanent resident and under 18 years of age. The child must comply with all of the provisions of naturalization, except for those provisions requiring periods of residence or physical presence in the United States. INA § 322, 8 U.S.C. § 1433 (a). Procedurally, the…

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