In a petition for review of a BIA order removing petitioner from the U.S., the matter is transferred to a district court for further review where there was a genuine factual dispute concerning the identity of petitioner's father, and the resolution of this factual dispute would determine whether petitioner acquired derivative citizenship.
Submitted June 11, 2009
Filed July 14, 2009
Opinion by Judge Hug
Richard Zanfardino, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC