Willkomm

MEMORANDUM ***

Petitioner Mark Christopher Willkomm (Willkomm), a lawful permanent resident, challenges the BIA’s decision ordering his removal from the United States. Willk-omm, who was born out-of-wedlock in the Philippines and adopted as a young child, contends that he derived United States citizenship from his biological father.

1. Willkomm did not obtain United States citizenship under 8 U.S.C. § 1409 (a) because he' was never properly legitimated under either the laws of the Philippines, the country of his birth, or California, the state where he and his biological father resided. Willkomm was not legitimated under Philippine law because his biological parents were not married at the time of his birth, and did not subsequently marry. He was not legitimated under California law because there is no evidence that he ever lived with his biological father in his biological father’s home. See Kaliski v. Dist. Director of INS, 620 F.2d 214, 216 (9th Cir.1980) (“'[T]he child must reside with the father at the time of legitimation.”).

2. Willkomm was not denied his equal protection rights. The same governmental interest articulated in Nguyen v. INS, 533 U.S. 53, 62-65 , 121 S.Ct.…