ROSA MARIA JIMENEZ-GUDINO, AKA Rosemary Contreras, AKA Rosa Maria Hernandez, AKA… v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9 Cir. R. 36-3.th
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA MARIA JIMENEZ-GUDINO,
AKA Rosemary Contreras, AKA Rosa
Maria Hernandez, AKA Rosemary
Hernandez, AKA Rosemary Jimenez,
AKA Rosa Maria Jiminez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71841
Agency No. A008-920-096
MEMORANDUM*
ROSA MARIA JIMENEZ-GUDINO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72706
Agency No. A008-920-096
FILED
MAY 17 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted May 8, 2013
Seattle, Washington
Before: HAWKINS, THOMAS, and NGUYEN, Circuit Judges.
Rosa Maria Jimenez-Gudino (“Jimenez”) petitions for review of two orders
of the Board of Immigration Appeals (“BIA”), which (1) affirmed an Immigration
Judge’s denial of her motion to terminate proceedings and entry of a final order of
removal, and (2) denied her motion to reconsider. We have jurisdiction under 8
U.S.C. § 1252.
The doctrine of collateral estoppel does not preclude Jimenez from litigating
her derivative citizenship claim in the instant removal proceedings. A prior
judicial determination cannot, by operation of collateral estoppel, deprive an
individual in removal proceedings of the procedural protections guaranteed by the
Immigration and Nationality Act. Title v. I.N.S., 322 F.2d 21, 24 (9th Cir. 1963).
Because alienage is the only disputed issue in Jimenez’s removal proceedings,
giving preclusive effect to the alienage determination in her prosecution for illegal
reentry would deprive Jimenez of the opportunity to challenge her removability in
the manner prescribed by the INA. The government concedes that, if allowed to

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litigate it, Jimenez has raised a genuine issue of material fact regarding her
derivative citizenship claim.
Therefore, we hold this petition in abeyance and transfer proceedings to the
U.S. District Court for the Western District of Washington for de novo review of
Jimenez’s citizenship claim. 8 U.S.C. § 1252(b)(5)(B). Upon completion of that
review, we will reassume jurisdiction of this case.
TRANSFERRED.

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