Martinez-Madera v. Holder

Opinion by Judge TROTT: Dissent by Judge THOMAS.

TROTT, Circuit Judge:

Is an unnaturalized person (1) born in Mexico, (2) to unwed Mexican citizen parents, (3) whose mother later married in Mexico a United States citizen, who treats that person as his son, and (4) who with his family moves to the United States, a citizen of the United States? The answer according to the law is “no.”

I

OVERVIEW

Juan Jose Martinez-Madera petitions for review of a decision of the Board of Immigration Appeals (“BIA”), dismissing *939his appeal from a final order of deportation. Petitioner contends he is a United States…