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Walker v. Holder

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Before Torruella, Selya, and Howard, Circuit Judges.

When Petitioner Stephen C. Walker immigrated from Jamaica to the United States in 1992, his biological grandparents claimed him as their child. In 2005, Petitioner was convicted of drug-related crimes, after which the United States government initiated removal proceedings. At that time, Petitioner was in the custody of his naturalized biological mother. Petitioner now petitions for judicial review of the final order of the Board of Immigration Appeals (“BIA”), which affirmed the decision of an Immigration Judge (“IJ”) denying Petitioner’s claim of derivative U.S. citizenship and ordering Petitioner removed from the United States to Jamaica. Petitioner had argued before the BIA that removal proceedings should be terminated on the ground that he qualifies for derivative citizenship through his naturalized biological mother under the Child Citizenship Act of 2000 (“CCA”), Pub. L. No. 106-395, 114 Stat. 1631, which is codified at section 320 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1431. After careful consideration, we affirm the BIA’s ruling.

I. Background

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