Shepherd

MEMORANDUM **

Rufus John Shepherd, a native and citizen of the United Kingdom, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his motion to reopen and affirming an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), review de novo constitutional challenges, id., and review for substantial evidence the agency’s factual determinations, Ordonez v. INS, 345 F.3d 777, 782 (9th Cir.2003). We deny in part, and dismiss in part, the petition for review.

The BIA did not abuse its discretion in denying the motion to reopen on the ground that Shepherd failed to establish a prima facie claim of citizenship because the record is insufficient to establish that “paternity [was] established during minority, by legitimation, or adjudication of a competent court” as was required by former section 205 of the Nationality Act of 1940, found at 8 U.S.C. § 605 (1945). See…