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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 sought a review of the Board of Immigration Appeals' order affirming his removal by an Immigration Judge, asserting his status as a United States citizen. The appellate court identified a genuine issue regarding Magiya's nationality and transferred the case to a district court for a hearing on this claim, as stipulated by 8 U.S.C. § 1252(b)(5)(A). After the district court conducted a new hearing, it denied Magiya declaratory relief regarding his citizenship claim. Magiya did not appeal this decision, and the district court subsequently returned the matter to the appellate court for further proceedings. The appellate court concluded that the district court's ruling definitively resolved Magiya's citizenship issue, thus denying his petition for review. The court stated that any contest regarding the district court's standard of review should have been raised on direct appeal. It affirmed that Magiya's nationality claim falls exclusively under the jurisdiction of the district court, which determined that he is not a citizen. Since this decision was final and unappealed, the appellate court denied Magiya’s petition. Additionally, the respondent's motion to lift the stay of abeyance was granted, while both the respondent's request to supplement the record and Magiya’s motion to strike an exhibit were deemed moot.