Durazo-Murrieta

MEMORANDUM *

David Durazo-Murrieta, a lawful permanent resident who was born in Mexico, petitions for review of a final order of removal from the Board of Immigration Appeals. Petitioner claims derivative citizenship through his father, Juan Martinez Durazo, who was a United States citizen. We have jurisdiction to consider the nationality claim pursuant to 8 U.S.C. § 1252 (b)(5). Minasyan v. Gonzales, 401 F.3d 1069, 1074 (9th Cir.2005). If we find from the pleadings and affidavits that there is no genuine issue of material fact, we decide nationality. 8 U.S.C. § 1252 (b)(5)(A); Chau v. INS, 247 F.3d 1026, 1029 (9th Cir.2001). If, however, the pleadings and affidavits create a genuine issue of material fact regarding nationality, *629 we transfer this proceeding to the district court for a de novo hearing and decision regarding nationality. 8 U.S.C. § 1252 (b)(5)(B); Chau, 247 F.3d at 1029 . Traditional summary judgment rules guide our decision. Baeta v. Sonchik, 273 F.3d 1261, 1265 (9th Cir.2001). We find a genuine issue of material fact regarding nationality and transfer this action to the United States District Court for the District of Arizona pursuant to 8 U.S.C. § 1252…