Nehme v. Immigration & Naturalization Service

DUHÉ, Circuit Judge:

In this case we are called upon primarily to decide whether Congress complied with the Constitution’s mandate of uniformity when it established the rules of derivative naturalization under former § 321 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1432 (2000). We hold that Congress has done so, and that Petitioner has failed to prove that he was ever naturalized under this or any other section of the INA. Petitioner is therefore an alien, and because he is removable by reason of having committed an aggravated felony, we lack jurisdiction pursuant to 8 U.S.C. §…