Avendano-Garcia

MEMORANDUM *

Petitioner Mario Avendano-Garcia (Avendano), a permanent resident since 1990, appeals the BIA’s order finding him removable under 8 U.S.C. § 1227 (a) (2) (A) (iii) as an alien convicted of an aggravated felony. Avendano argues (1) that he is a naturalized citizen or a national of the United States, and thus not an alien subject to removal proceedings; (2) that he was not convicted of an “aggravated felony” within the meaning of 8 U.S.C. § 1227 (a)(2)(A)(iii); and (3) that retroactive application of the amended definition of aggravated felony in Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), 8 U.S.C. § 1101 (a)(43)(F), violates the Due Process Clause of the Fifth Amendment. Pursuant to 8 U.S.C. § 1252 (a)(2)(D), we have jurisdiction to review legal and constitutional claims raised in a petition for review of an order of removal. See Fernandez-Ruiz v. Gonzales, 410 F.3d 585, 587 (9th Cir.2005).

1. Citizenship and Nationality Claims

Avendano submitted an application for naturalization with the INS in April 1996. At a July 1996 naturalization interview with an immigration officer, Avendano signed an “Oath of…