Escamilla-Vera

MEMORANDUM ***

*736 We must decide whether the district court clearly erred in concluding that the mother of Petitioner Augustin EscamillaVera was not present in the United States for five years between her fourteenth birthday and her son’s birth. This determination is significant because if Petitioner’s mother was present for that period, her son is a citizen of the United States by birth, and, therefore, is not removable based on his commission of an aggravated felony. See 8 U.S.C. § 1401 (a)(7) (1952).

The district court did not clearly err in finding that the testimony of Petitioner’s mother, Patricia Vera-Avina (“Avina”), was incredible. Her testimony was inconsistent and unsupported by documentary evidence. For example, her brother submitted an affidavit stating that Avina had lived with him in Chicago from 1965 to 1966. His affidavit, which he admittedly prepared to help Petitioner obtain citizenship, does not mention either the two years Avina allegedly lived in Chicago from 1960-62 or the multiple two- to three-month visits Avina allegedly made to Chicago from 1965 to 1968. Avina testified before the Immigration Judge that she had moved to the United States in 1964, but…