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Keywords

appealfelonyvisacitizenshipdeportationnaturalization
appealfelonyvisacitizenshipdeportation

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Gomez-Diaz v. Ashcroft

Facts

Gomez-Diaz was born in Mexico and entered the United States on an immigrant visa. He had multiple criminal convictions, including burglary and possession with intent to deliver marijuana, which led to the Immigration and Naturalization Service instituting removal proceedings against him. He argued that he was a U.S. citizen under the Child Citizenship Act of 2000, but the Immigration Judge found that he was ineligible for relief due to his age and criminal history.

Gomez-Diaz was born in Mexico on August 24, 1959 and entered the United States for the first time on April 19, 1969, on an immigrant visa.

Issue

Whether Gomez-Diaz became a citizen of the United States under the Child Citizenship Act and whether his convictions were 'aggravated felonies' that justified his removal.

Gomez-Diaz presents two issues for review: (1) whether he became a citizen of the United States by application of the relevant section of the CCA, 8 U.S.C. 1431(a); and (2) whether the Board properly determined that his 1979 and 1992 convictions were 'aggravated felonies' for which he was eligible for removal status pursuant to 8 U.S.C. 1227(a)(2)(A)(iii).

Rule

The Child Citizenship Act of 2000 applies only to individuals under the age of 18 at the time of its enactment, and the definition of 'aggravated felony' can be applied retroactively as per the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

The Child Citizenship Act of 2000, Pub. L. No. 106-395, 114 Stat. 1631, revised the manner in which children of non-citizens born outside the United States are eligible to become U.S. citizens.

Analysis

The court determined that Gomez-Diaz did not meet the requirements for citizenship under the CCA because he was over 18 years old when the law took effect. Additionally, the court upheld the BIA's interpretation that his criminal convictions qualified as aggravated felonies, thus justifying his removal.

We are as unpersuaded with the argument as to the applicability of the CCA as were the other Circuit Courts of Appeal that encountered similar arguments.

Conclusion

The court affirmed the BIA's ruling that Gomez-Diaz was an alien who was convicted of an aggravated felony and was subject to deportation. His petition to terminate removal proceedings was dismissed.

We affirm the BIA's ruling that Gomez-Diaz is an alien who was convicted of an aggravated felony and is subject to deportation.

Who won?

The Board of Immigration Appeals prevailed as the court upheld their decision, reasoning that Gomez-Diaz's age and criminal history rendered him ineligible for relief from removal.

The Board of Immigrations Appeal's ruling that petitioner was an alien who was convicted of an aggravated felony and was subject to deportation was affirmed and his petition to terminate removal proceedings was dismissed.

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