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MARTINEZ-MADERA v. HOLDER

No. 06-73157.

559 F.3d 937 (2009)

Juan Jose MARTINEZ-MADERA, Petitioner, v. Eric HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2009.

Attorney(s) appearing for the Case

Paul S. Jasper, Katherine Morgan, and Katherine A. Sullivan, Leboeuf, Lamb, Greene & MacRae LLP, San Francisco, CA, for the petitioner.

Andrew Oliveira, U.S. Department of Justice, Washington, D.C., for the respondent.

Opinion by Judge TROTT: Dissent by Judge THOMAS.

TROTT, Circuit Judge:

Is an unnaturalized person (1) born in Mexico, (2) to unwed Mexican citizen parents, (3) whose mother later married in Mexico a United States citizen, who treats that person as his son, and (4) who with his family moves to the United States, a citizen of the United States? The answer according to the law is "no."

I

OVERVIEW

Juan Jose Martinez-Madera petitions for review of a decision of the Board of Immigration Appeals...

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