Chavez-Cornejo

MEMORANDUM ***

The facts of this case and the procedural history are known to the parties. Petition *761 er seeks an order from this Court declaring him a national of the United States, arguing that he was unconstitutionally denied naturalization in 1960 when the former INS denied a petition filed on his behalf because his adoptive mother was not a United States citizen. He argues that a biological child born to the same parents would have been able to naturalize based on the status of one naturalized parent alone. The Court denies the petition.

Standard of Review

Legal questions involving a claim to citizenship are reviewed de novo. Hughes v. Ashcroft, 255 F.3d 752, 755 (9th Cir.2001). An alien’s argument against deportation based on an application of the Equal Protection Clause is also subject to de novo review. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1287 (9th Cir.2004). Congress has “nearly plenary power to establish the qualifications for citizenship.” Barthelemy v. Ashcroft, 329 F.3d 1062, 1065 (9th Cir. 2003). Therefore, the scope of judicial inquiry into immigration legislation is exceedingly narrow. The Supreme Court has emphasized that “over no conceivable subject is…

concurring:

I concur in the result.