Veloquio-De La Cruz v. Ashcroft ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 13, 2004
Charles R. Fulbruge III
Clerk
No. 03-60082
Summary Calendar
MARIA GUADALUPE VELOQUIO-DE LA CRUZ,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
* * * * *
Consolidated with:
* * * * *
No. 03-60083
ALEJANDRO VELOQUIO-DE LA CRUZ,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A29-908-530
BIA No. A36-644-036
--------------------
Before JOLLY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
Petitioner Maria Guadalupe Veloquio-De La Cruz (“Veloquio”)
and her son, Alejandro Veloquio-De La Cruz (“Alejandro”), petition
for review of the Board of Immigration Appeal’s decision affirming,
without opinion, the Immigration Judge’s (“IJ”) decision that they
are deportable aliens. The IJ determined that Veloquio is
deportable because she is an immigrant without a valid entry
document, and that Alejandro also is deportable because he was
admitted into the United States on the basis of his relationship to
his mother, who claims United States citizenship. Because
Alejandro’s petition is contingent upon his mother’s citizenship
claim, the petitions have been consolidated for review.
The record reflects that there is a genuine issue of material
fact concerning Veloquio’s claim that she is a United States
citizen. Accordingly, pursuant to 8 U.S.C. § 1105a(5) (West
1994),1 it is ORDERED that the clerk shall transfer the
consolidated petitions to the United States district court for the
district where Veloquio has her residence for a hearing de novo on
her claim that she is a United States citizen. See Agosto v. INS,
436 U.S. 748, 756-57 (1978).
PETITIONS TRANSFERRED TO DISTRICT COURT FOR DE NOVO HEARING.
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
1
The now-repealed statute is applicable because this case is
subject to the transitional rules of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996. See Rodriguez-Silva v.
INS, 242 F.3d 243, 246 (5th Cir. 2001).