FILED
NOT FOR PUBLICATION JUL 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SALUSTIANO JOHN DELA CRUZ No. 09-70961
DOUGLAS, a.k.a. John Douglas,
Agency No. A098-023-331
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Salustiano John Dela Cruz Douglas, a native and citizen of the Philippines,
petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s removal order. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo claims of United States
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
citizenship, Martinez-Madera v. Holder, 559 F.3d 937, 940 (9th Cir. 2009), and we
deny the petition for review.
Douglas’s Filipino birth certificate provides evidence of his foreign birth,
gives rise to a rebuttable presumption of alienage, and shifts the burden of proof to
Douglas to establish U.S. citizenship. Id. The BIA correctly determined that
Douglas could not establish citizenship under former 8 U.S.C. § 1401(a)(7) (1978).
See id. at 941 (8 U.S.C. §1401 confers citizenship on a child born abroad only if
his alien parent and U.S. citizen parent were married at the time of his birth).
Contrary to Douglas’s contention, he also cannot establish citizenship under
8 U.S.C. § 1409. See 8 U.S.C. § 1409(a)(1) (a child born out of wedlock acquires
citizenship from his U.S. citizen father if, among other things, “a blood
relationship between the [child] and the father is established by clear and
convincing evidence”).
Douglas’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.
2 09-70961