Suarez

Suarez v. Mukasey

Good Law
286 F. App'x 966
United States Court of Appeals for the Ninth CircuitJuly 11, 2008No. 06-73037California817 words

Opinion

Lead Opinion

MEMORANDUM **

Ariel Cabusas Suarez, his wife, Marilyn Marcelo Suarez, and their children, Paul David Suarez, Leira Emille Marcelo Suarez, and Michelle Ann Marcelo Suarez (“Petitioners”), natives and citizens of the *968 Philippines, petition for review of the Board of Immigration Appeals’ (“BIA’s”) dismissal of their appeal from an Immigration Judge’s (“IJ’s”) final orders of removal. In a prior and separate action, the U.S. District Court for the Northern District of California revoked Ariel’s citizenship because he falsely told the government he was single and childless in order to obtain admission to the United States as the unmarried son of his U.S. permanent resident mother.

The BIA properly affirmed the denial of Ariel’s motion to terminate because Ariel was no longer a citizen when the government commenced removal proceedings against him. The prior district court judgment had revoked his naturalization. See 8 U.S.C. § 1451 (a) (providing that district courts may revoke the naturalization of citizens whose citizenship orders and certificates of naturalization “were procured by concealment of a material fact or by willful misrepresentation”). The district court’s…

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