Filed: Nov. 30, 2009
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION NOV 30 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS FOR THE NINTH CIRCUIT RAFAEL ANTONIO BRAN-SABAJAN, No. 08-73091 Petitioner, Agency No. A047-041-997 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Rafael Antonio Bran-Sabajan, a native and citizen of Guate
Summary: FILED NOT FOR PUBLICATION NOV 30 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS FOR THE NINTH CIRCUIT RAFAEL ANTONIO BRAN-SABAJAN, No. 08-73091 Petitioner, Agency No. A047-041-997 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Rafael Antonio Bran-Sabajan, a native and citizen of Guatem..
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FILED
NOT FOR PUBLICATION NOV 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS
FOR THE NINTH CIRCUIT
RAFAEL ANTONIO BRAN-SABAJAN, No. 08-73091
Petitioner, Agency No. A047-041-997
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Rafael Antonio Bran-Sabajan, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s removal order. We have jurisdiction under 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
CG/Research
§ 1252. We review de novo questions of law, Hughes v. Ashcroft,
255 F.3d 752,
755 (9th Cir. 2001), and we deny in part and dismiss in part the petition for review.
Bran-Sabajan’s contention that he became a United States citizen pursuant to
the Child Citizenship Act of 2000 (“CCA”), 8 U.S.C. § 1431, is foreclosed because
he was over 18 years old on the CCA’s effective date.
Id. at 760.
Bran-Sabajan lacks standing to raise his constitutional challenges regarding
the CCA. Because he could not meet the CCA’s requirements regardless of
whether the statute applied retroactively, he has not suffered an injury that is likely
to be redressed by a favorable decision of the Court. See Friends of the Earth, Inc.
v. Laidlaw Envtl. Serv., Inc.,
528 U.S. 167, 180-81 (2000).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
CG/Research 2 08-73091