BUSTAMANTE-BARRERA v. GONZALES

No. 05-60247.

447 F.3d 388 (2006)

Javier Ontoniel BUSTAMANTE-BARRERA, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

April 20, 2006.


Attorney(s) appearing for the Case

Chad Van Cleave (argued), Austin, TX, for Petitioner.

Russell J.E. Verby (argued), U.S. Dept. of Homeland Sec., David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Kenneth L. Pasquarell, Acting Dist. Dir. U.S. INS, San Antonio, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.


WIENER, Circuit Judge:

Javier Otoniel Bustamante-Barrera ("Petitioner") seeks review of the Board of Immigration Appeal's ("BIA") dismissal of his appeal from an Immigration Judge's ("IJ") order of removal. Petitioner's challenge to the BIA's decision is based on a former version of 8 U.S.C. § 1432(a), under which Petitioner claims to have automatically derived U.S. citizenship when his mother became a naturalized citizen in 1994. Prior to its amendment in 2000...

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