Saldivar-Torres v. Loretta E. Lynch

Filing 2

MEMORANDUM on Petition for Review of an Order of the Department of Homeland Security - Filed the US Court of Appeals for the Ninth Circuit on 2/1/16 25 (esa) Modified on 2/1/2016 (esa).

FILED

FILED
CLERK, U.S. DISTRICT COURT

02/01/2016

FEB 01 2016

NOT FOR PUBLICATION

CENTRAL DISTRICT OF CALIFORNIA
BY: ___________________ DEPUTY

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

2:16-cv-00688-TJH-FFMx
AURELIO SALDIVAR-TORRES,

No. 14-70458
Agency No. A014-577-244

Petitioner,
v.

MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.

On Petition for Review of an Order of the
Department of Homeland Security
Submitted January 20, 2016**
Before:

CANBY, TASHIMA, and NGUYEN, Circuit Judges.

Aurelio Saldivar-Torres, a native and citizen of Mexico, petitions for review
of the Department of Homeland Security’s February 19, 2014, order reinstating his
1987 order of deportation. We have jurisdiction under 8 U.S.C. § 1252.

*

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).

Saldivar-Torres contends that he is a citizen of the United States. We
conclude that the administrative record presents a genuine issue of material fact as
to whether Saldivar-Torres’ United States citizen father satisfied the physical
presence requirements necessary for Salvidar-Torres to acquire derivative
citizenship at birth. Accordingly, we transfer these proceedings to the United
States District Court for the federal district in which Saldivar-Torres has his
residence for a de novo hearing on Saldivar-Torres’ citizenship. See 8 U.S.C.
§ 1252(b)(5)(B); Ayala-Villanueva v. Holder, 572 F.3d 736, 738, 740 (9th Cir.
2009). As the most recent information in Saldivar-Torres’ file indicates that he
resides in the Central District of California, we transfer to that District Court. We
express no view as to the merits of Saldivar-Torres’ claim to United States
citizenship. We hold the petition for review in abeyance pending the District
Court’s decision.
We take judicial notice of the certified administrative record of SaldivarTorres’ 2002 removal proceedings, filed in this case on July 25, 2014, by the
Executive Office for Immigration Review. See Dent v. Holder, 627 F.3d 365, 371
(9th Cir. 2010) (taking judicial notice of agency records).
MATTER TRANSFERRED; PETITION FOR REVIEW HELD IN
ABEYANCE.
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14-70458