U.S. epaent of ustie
r Imgaon RevewFa Chuch,
Decson of he Boad of aon Appeal
File:A040 097 680 -Boston
OCT. 4 20U
In re CHEDDI ESMOND JR DLLONN EMOVAL PROCEEDNGSAPPEAON BEHAF OF ESPONDENTPro seON BEHALF OF DHSGwendyla E. TregeaSenior AoeyAPPLCATION Teination; chage of venueTherespondent, a native and citizen of Jamaica and a lawl peanent resident of the UnitedStates, has appealed om the decision of the mmigration Judge dated May 27 2011, nding himremovable pusuant to the chges isted in the Notice to Apear ("NTA).
The respondent doesnot dispute the aegations in the NTA conceing his crimina convictions or his removability onthatbasis rather e apeas the denia of his motion to teinate proceedings based on his caimthat he is a United States citien. He also apeas the Immigration Judge's denia of his motion tochange venue. The apeal will
dismissedWe review the ndings of ct incuding the deteination of credibiity made by theImmiration Judge, under a "cearly eoneous sandard 8 CFR. § 1003.(d)(3)(i) (201).We review all other issues, including whether he parties have met the reevant buden of poof adissues of discretion under a
stadard. 8 CF § 1003 .( d)(3)(ii);
24 &NDec. 493 (BIA 2008)A person who caims deivative United States citizenship has te buden to establis it
6 &N Dec. 8 119 (BA 977)
see also Walker . Holder,
589 F 3d 2, 21 (stCir 2009) (alien has the burden to estabish is claim to derivative S citienship by a preonderace of credibe evidence)The respondent claims deivative citizenshi tough histher who naturaied in 1993 (.J at 2) The arties do not dispute that the respondents clai isgoveed by ersection 321(a) of the migration ad Nationality Act ("Act) 8 US.C. § 432
The mmigration Judge issue two decisions conceing this case on the same date one denyingboth of he respondents motions and one exaining in rther detail his deia of te motion toteinatebaed on he respondents claim to citizenship We rer to the atter decision unessotherwise indicated.
Cite as: Cheddi Desmond Jr Dillon, A040 097 680 (BIA Oct. 24, 2011)