BIA's ruling denying petitioner's claim of derivative U.S. citizenship and ordering him removed from the U.S. to Jamaica is affirmed where: 1) petitioner failed to establish his claim to derivative U.S. citizenship by a preponderance of credible evidence and is not entitled to such citizenship; and 2) petitioner's claim that he will be deprived of due process of law under the Fifth Amendment if his permanent residence card is revoked retroactively without a formal proceeding is without merit as the card was not lawfully granted in the first place and petitioner received all of the process that he was due.
On Petition for Review of an Order of the Board of Immigration Appeals
Decided December 11, 2009
Opinion by Torruella, Circuit Judge
For Appellant: Gerald Karikari
For Appellee: Julia J. Tyler, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Tony West, Assistant Attorney General, Civil Division, and Barry J. Pettinato, Assistant Director