Carrillo-Torres

Carrillo-Torres v. Gonzales

Good Law
173 F. App'x 571
United States Court of Appeals for the Ninth CircuitMarch 9, 2006No. 03-72952California675 words

Opinion

Lead Opinion

MEMORANDUM *

Carrillo-Torres petitions for review of an order of removal charging him with being inadmissible because he lacked valid travel documents, 8 U.S.C. § 1182 (a)(7)(A)(i)(I), and because he had been removed from the United States more than once and has not received permission from the Attorney General to return. 1 8 U.S.C. § 1182 (a)(9)(A)(i). Carrillo-Torres contends that the removal order is invalid because he is a national of the United States in light of his prior service in the U.S. Air Force, and because he filed an application for naturalization in 1980. Also, he collaterally attacks a previous removal order, upon which the current removal order is premised. Because the parties are familiar with the factual and procedural history of this case, we recount it only to the extent necessary to understand our decision.

Nationality claims are governed by 8 U.S.C. § 1252 (b)(5), which states:

Id. As to Petitioner’s claim that he is a national because of his military service, we held in Reyes-Alcaraz v. Ashcroft, 363 F.3d 937 (9th Cir.2004), that “service in the armed forces of the United States, along with the taking of the standard military oath, does not alter an…

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