Argued
and Submitted April 7, 2014
Petition Denied in part and Transferred in part to District
Court August 18, 2014
District Court order November 24, 2015
Order
for Supplemental Briefing January 22, 2016 San Francisco,
California
On
Petition for Review of an Order of the Board of Immigration
Appeals Agency No. A035-104-809
Khaldoun Shobaki, and Michael Behrens (argued), Hueston
Hennigan LLP, Los Angeles, California, for Petitioner.
Yamileth G. Davila (argued) and Nancy K. Canter, Trial
Attorneys; Katherine E. Clark, Senior Litigation Counsel;
Benjamin C. Mizer, Principal Deputy Assistant Attorney
General; Office of Immigration Litigation, Civil Division,
United States Department of Justice, Washington, D.C.; for
Respondent.
Before: Fortunato P. Benavides, [*] Richard C. Tallman, and Richard R.
Clifton, Circuit Judges.
SUMMARY[**]
Immigration
Following
transfer, in part, of the case to the District Court for the
Central District of California to make findings of fact and
conclusions of law concerning a claim to United States
citizenship, the panel denied Mark Brown's petition for
review of the Board of Immigration Appeals' dismissal of
his appeal of a removal order.
The
panel also held that the district court did not err in
finding that Brown failed to establish that the former
Immigration and Naturalization Service violated his
procedural due process right to apply for citizenship in
rejecting his applications for naturalization. The panel held
that the district court did not clearly err in finding that
neither INS employees nor policymakers acted with deliberate
indifference toward Brown's attempts to naturalize.
OPINION
CLIFTON, Circuit Judge:
Mark
Brown, a native and citizen of India, petitions for review of
the decision by the Board of Immigration Appeals to dismiss
his appeal from an order of removal. Brown argues that the
former Immigration and Naturalization Service violated his
constitutional rights by preventing him from deriving
citizenship through his parents and obstructing his attempt
to apply for citizenship on his own account. We previously
transferred Brown's case to the District Court for the
Central District of California to make findings of fact and
conclusions of law concerning his claim that he is entitled
to U.S. citizenship. Brown v. Holder, 763 F.3d 1141
(9th Cir. 2014). The district court concluded that Brown had
not established that ...