Joseph Boateng v. Eric Holder, Jr. , 479 F. App'x 131 ( 2012 )

FILED
NOT FOR PUBLICATION SEP 18 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSEPH KWAKU BOATENG, No. 11-72044
Petitioner, Agency No. A087-454-482
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Joseph Kwaku Boateng petitions pro se for review of the Board of
Immigration Appeals’ order dismissing his appeal from an immigration judge’s
removal order. We have jurisdiction under 8 U.S.C. § 1252.
Boateng claims that he is a citizen of the United States. We conclude that
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the record in this case presents a genuine issue of material fact as to whether
Boateng was born in the United States, and is therefore a United States citizen.
Accordingly, we transfer these proceedings to the United States District Court for
the District of Arizona to conduct a de novo hearing on Boateng’s claim to United
States citizenship. See 8 U.S.C. § 1252(b)(5)(B); Ayala-Villanueva v. Holder, 572
F.3d 736, 738, 740 (9th Cir. 2009). We hold the petition for review in abeyance
pending the district court’s decision.
MATTER TRANSFERRED TO THE DISTRICT OF ARIZONA;
PETITION FOR REVIEW HELD IN ABEYANCE.
2 11-72044