Vidal-Moreno

MEMORANDUM *

Francisco Vidal-Moreno petitions for review of the BIA’s dismissal of his appeal from an Immigration Judge’s (“IJ”) ruling that he did not acquire derivative citizenship through his mother under the Immigration and Naturalization Act (“INA”) § 301(g), 8 U.S.C. § 1401 (g). We have jurisdiction over the BIA’s final order of removal, 8 U.S.C. § 1252 , and we deny the petition for review.

We review de novo Vidal-Moreno’s citizenship claim. See Solis-Espinoza v. Gonzales, 401 F.3d 1090, 1092 (9th Cir.2005). We review the BIA’s and the IJ’s factual findings and credibility determinations for substantial evidence and will reverse if the record compels the conclusion that Vidal-Moreno is a citizen. See Vera-Villegas v. INS, 330 F.3d 1222, 1230 (9th Cir.2003).

To establish derivative citizenship under § 301(g), Vidal-Moreno, who was born in Mexico, had the burden of showing, among other things, that before his birth his citizen mother, Marcelina, was physically present in the United States for periods totaling a minimum of ten years, at least five of which were after she reached the age of fourteen. See Scales v. INS, 232 F.3d 1159, 1163 (9th Cir.2000) (holding that…