Wednesday, January 18th, 2017

CA9 on Citizenship, Standard of Review: Mondaca-Vega v. Holder

0

Majority: "Who is Petitioner? Is he Reynaldo Carlon Mondaca, a native and citizen of the United States, or is he Salvador Mondaca-Vega, a native and citizen of Mexico? The district court determined that Petitioner is Salvador Mondaca-Vega and, accordingly, that he is not a United States citizen. Reviewing the district court’s findings for clear error and finding none, we now deny the petition for review."

Dissent: "...The majority incorrectly applies clear error review because of its erroneous conclusion that independent review for citizenship cases has been implicitly overruled. On review of the record, because of the numerous findings based on speculation and findings unsupported by evidence, the government failed to prove by clear, unequivocal, and convincing evidence that Petitioner is a Mexican citizen whose name is Salvador Mondaca-Vega. See, e.g., Lim, 431 F.2d at 200 (holding that “although there was some evidence tending to show that appellant’s