Martinez-Cruz

MEMORANDUM **

Mauricio Vicente Martinez-Cruz petitions for review of a Board of Immigration Appeals (BIA) decision dismissing his appeal from the Immigration Judge’s (IJ) denial of his request to terminate removal proceedings. Martinez-Cruz contends that he obtained derivative citizenship under 8 U.S.C. § 1432 (a)(3), now repealed. 1 We conclude that Martinez-Cruz did not establish that he had derivative citizenship by a preponderance of the evidence, and we deny the petition. See 8 C.F.R. § 341.2 (c).

Martinez-Cruz argues that he is entitled to relief because the IJ incorrectly applied a clear and convincing evidence standard. However, because “the BIA conducted] a de novo review of the record” and did not expressly adopt the IJ’s decision, “our review is limited to the decision of the BIA.” Scales v. INS, 232 F.3d 1159, 1162 (9th Cir.2000). We reject petitioner’s argument about the clear and convincing evidence standard applied by the IJ. The record does not indicate that the BIA applied any incorrect standard or burden of proof.

To prevail on his derivative citizenship claim, Martinez-Cruz must show by a preponderance of the evidence that “there has been a legal separation…