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LEAL SANTOS v. MUKASEY

No. 07-2110.

516 F.3d 1 (2008)

Aldevino Manuel LEAL SANTOS, Petitioner, Appellant, v. Michael B. MUKASEY, Attorney General, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 13, 2008.

Attorney(s) appearing for the Case

Cheryl J. Sturm, on brief, for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Barry J. Pettinato, Assistant Director, and Jesse M. Bless, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, on brief, for respondent.

Before LYNCH, LIPEZ and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

In a removal proceeding before an Immigration Judge ("IJ"), petitioner Aldevino Manuel Leal Santos ("Santos") argued as a defense that he met the requirements for derivative citizenship because his mother was physically present in the United States for the requisite time prior to his birth. That argument was rejected by the IJ and by the Board of Immigration Appeals ("BIA"). The Third Circuit Court of Appeals transferred the case, for reasons...

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