Baez-Aranda

MEMORANDUM **

David Baez-Aranda, a native and citizen of Mexico, petitions for review of the BIA’s *482 final order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(5)(A) and review de novo. Minasyan v. Gonzales, 401 F.3d 1069, 1074 (9th Cir.2005). We deny the petition for review.

Baez-Aranda asserts that the BIA and IJ erred in rejecting his claim of derivative citizenship under 8 U.S.C. § 1432 (a) (1988). 1 The only issue in this case is whether Baez-Aranda “be[gan] to reside permanently in the United States while under the age of eighteen.” Id. § 1432(a)(5). When his mother was naturalized, Baez-Aranda was residing in the United States as a temporary resident pursuant to 8 U.S.C. § 1255a. Baez-Aranda did not became a lawful permanent resident until after he turned 18 years. Even though he was eligible to adjust to lawful permanent residence before he turned 18, Baez-Aranda did not seek to adjust his status before age 18. Therefore, he did not “begin[ ] to reside permanently” prior to age 18 and did not become a derivative citizen.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th…