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Magiya v. Holder
Citation: 338 F. App'x 632Docket: No. 05-70297
Court: Court of Appeals for the Ninth Circuit; July 6, 2009; Federal Appellate Court
Preston Magiya's petition for review regarding the Board of Immigration Appeals’ order affirming his removal was based solely on his claim of U.S. citizenship. The appellate court found a genuine issue of material fact regarding his nationality and transferred the case to the district court for a new hearing on this claim, in accordance with 8 U.S.C. § 1252(b)(5)(A). Following the district court's hearing, an in chamber order denied Magiya's request for declaratory relief. Magiya did not appeal this decision, and the district court subsequently transferred the matter back to the appellate court for further proceedings. The appellate court concluded that the district court's ruling effectively resolved Magiya’s citizenship claim, thus denying his petition for review. The court noted that any alleged error in the district court's application of standard should have been addressed on direct appeal. Under 8 U.S.C. § 1252(b)(5), exclusive jurisdiction over nationality claims lies with the district court, which ruled that Magiya is not a citizen. This decision remains final and unappealed, leading to the denial of Magiya's petition. The court granted the respondent's motion to lift the stay of abeyance and denied both the motion to supplement the record and the motion to strike Exhibit A as moot. The disposition is not suitable for publication and does not serve as precedent.