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BATISTA v. ASHCROFT

No. 00-2525.

270 F.3d 8 (2001)

Cesar BATISTA, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided October 29, 2001.

Attorney(s) appearing for the Case

John H. Ruginski, Jr. for petitioner.

Thankful Vanderstar, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Terri J. Scadron, Senior Litigation Counsel, and Brenda M. O'Malley, Trial Attorney, United States Department of Justice, were on brief, for respondent.

Before BOUDIN, Chief Judge, and SELYA and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

Cesar Batista-Baez ("Batista" or "Cesar Batista") petitions for review of a reinstated final order of removal by the Immigration and Naturalization Service ("INS"). Although Batista concedes that he is removable based on a drug trafficking conviction, he contends that he is entitled to relief from removal because his father, a naturalized citizen, was his custodial parent, and hence he is a derived United States citizen. We find that there is...

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