MARTIN CARDOZA-SEPULVEDA, AKA Martin Lugo Morales v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIN CARDOZA-SEPULVEDA,
AKA Martin Lugo Morales,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73638
Agency No. A041-104-474
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 11, 2015**
San Francisco California
Before: CALLAHAN, M. SMITH, and WATFORD, Circuit Judges.
Martin Cardoza-Sepulveda appeals from the BIA’s determination that
because he failed to establish that he is a United States citizen, his motion to
terminate deportation proceedings was properly denied. Because the parties are
FILED
MAR 26 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

familiar with the facts and procedural history of this case, we repeat only those
facts necessary to resolve the issues raised on appeal. We deny the petition for
review.
“[T]here must be strict compliance with all the congressionally imposed
prerequisites to the acquisition of citizenship.” Fedorenko v. United States, 449
U.S. 490, 506 (1981). Cardoza-Sepulveda has conceded that he is not a United
States citizen by birth under INA § 301(a)(7), 8 U.S.C. § 1401(a)(7)(1964),
because his father, a United States citizen at birth, was not physically present in the
United States for the time required by the statute – ten years, five of which were
after the age of 14 – prior to Cardoza-Sepulveda’s birth. Additionally, Cardoza-
Sepulveda does not make the argument that he or his father naturalized under INA
§ 316(a), 8 U.S.C. § 1427(a), or that either of them satisfied the requirements
necessary for naturalization. See, e.g., INA § 312(a), 8 U.S.C. § 1423(a); INA §
313, 8 U.S.C. § 1424; INA § 337, 8 U.S.C. § 1448. Therefore, Cardoza-Sepulveda
is not a citizen under INA § 321(a), 8 U.S.C. § 1432(a) (enacted 1988)(repealed
2000), because his father was a citizen at birth, not through naturalization. Because
Cardoza-Sepulveda is not a United States citizen, his motion to terminate
deportation proceedings was properly denied.
PETITION FOR REVIEW DENIED.
2

-- 2 of 2 --