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Tristan Nathaniel Francis Gould, A027 911 731 (BIA Aug. 16, 2013)

Tristan Nathaniel Francis Gould, A027 911 731 (BIA Aug. 16, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent did not derive citizenship from his mother under former Section 321(a) of the INA because he was already 21 when his mother naturalized. The Board also stated that it could not order equitable relief based on an assertion that the government improperly delayed the adjudication of his mother's application. The decision was written by Member David Holmes.
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent did not derive citizenship from his mother under former Section 321(a) of the INA because he was already 21 when his mother naturalized. The Board also stated that it could not order equitable relief based on an assertion that the government improperly delayed the adjudication of his mother's application. The decision was written by Member David Holmes.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 26, 2013
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10/12/2013

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U.S.

Department of Justice Executive Office for Immigration Review

Board of Immigration Appeals Office ofthe Clerk
5/07 leesb11rg Pike, Suite 2000 Falls Cl111rch, l'irginia 22041

GOULD, TRISTAN NATHANIEL FRANCIS 74046-053/A027-911-731 C/O MOSHANNON VALLEY Cl 555 GEO DR PHILIPSBURG, PA 16866

OHS LIT./York Co. Prison/YOR 3400 Concord Road York, PA 17402

Immigrant & Refugee Appellate Center | www.irac.net

Name: GOULD, TRISTAN NATHANIEL F...

A 027-911-731

Date of this notice: 8/16/2013

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

DonrtL CtVvV
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David B.

schuckec Userteam: Docket

Cite as: Tristan Nathaniel Francis Gould, A027 911 731 (BIA Aug. 16, 2013)

Executive Office for Immigration Review Falls Church, Viiginia 22041

U.S. Department of Justice

Decision of the Board oflmmigration Appeals

File: In re:

A027 911 731 - York, PA TRISTAN NATHANIEL FRANCIS GOULD

Date:

AUG I 6 2013

IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Immigrant & Refugee Appellate Center | www.irac.net

William E. Lore Senior Attorney

ORDER: The Board issued a final order of removal in this case on August 19, 2011. We affirmed without opinion an Immigration Judge's decision finding that the respondent is a native and citizen of Trinidad and Tobago who is subject to removal as an aggravated felon. an untimely motion to reopen on July 15, 2013. Nationality Act, 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2(c)(2). The respondent filed Section 240(c)(7) of the Immigration and The motion to reopen, which is

opposed by the Department of Homeland Security (the "DHS"), will be denied. Even aside from its lateness, the motion would be denied. The basis for the motion is the However, in

respondent's claim that he derived United States citizenship through his mother.

order to derive United States citizenship through his mother under former section 32l(a) of the Act, the mother's naturalization would have had to occur before the respondent turned 18 years old. The respondent's mother became a naturalized United States citizen on March 20, 2008, when the respondent was 21 years old. The respondent claims that the DHS improperly delayed the adjudication of his mother's naturalization application. He apparently asserts that the Board should therefore deem that her naturalization took place before the respondent turned 18 years old on October 6, 2004. However, "[a] court may not award equitable relief in contravention of the expressed intent of Congress."

Lupera-Espinoza v. Attorney General of U.S., 716 F.3d 781, 788 (7th Cir. 2013), citing INS v. Pangilinan, 486 U.S. 875, 883-85 (1988)(burden is on alien applicant to show his eligibility for citizenship in every respect); Matter of Rodriguez-Tejedor, 23 I&N Dec. 153, 164

(BIA 2001); DHS Opp. The respondent does not meet the statutory requirements for deriving citizenship from his mother, and therefore he does not show that he is a citizen of the United States. The pending motion is, therefore, denied, and the request for a stay of removal is denied as moot.

FOR THE BOARD

Cite as: Tristan Nathaniel Francis Gould, A027 911 731 (BIA Aug. 16, 2013)
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