2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-6-2009

Juan Wood, Jr. v. Atty Gen USA

Precedential or Non-Precedential: Non-Precedential

Docket No. 09-2428

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Juan Wood, Jr. v. Atty Gen USA" (2009). 2009 Decisions. Paper 503.

http://digitalcommons.law.villanova.edu/thirdcircuit_2009/503
AMENDED BLD-236 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

Nos. 09-2428 & 09-2512

___________

JUAN J. WOOD, JR.,

Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES

____________________________________

On Petition for Review of a Final Administrative Removal Order

of the Department of Homeland Security

(Agency No. 29 888 335)

____________________________________

Submitted for Possible Summary Action

Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

July 9, 2009

Before: MCKEE, FISHER and CHAGARES, Circuit Judges

(Opinion filed October 6, 2009)

_________

OPINION

_________

PER CURIAM

Juan J. Wood, Jr. petitions for review of an order of the final administrative order

of the Department of Homeland Security, Immigration and Customs Enforcement,

ordering him removed to Panama. For the reasons that follow, we will deny the petition.
1 Wood filed a petition under 28 U.S.C. § 2241 in the District Court, which was

transferred to this Court pursuant to the REAL ID Act. Wood also filed a petition for

review. The two matters have been consolidated. Wood has filed motions to stay his

removal and to expedite his case. The government has filed responses to the stay

motions, as well as a motion for summary action. Wood has also filed a “Reply Brief”

which appears to be a response in opposition to summary action, as well as other

documents in which he provides further argument.

2

In 1993, Wood was convicted of conspiracy to manufacture a controlled substance

in violation of 21 U.S.C. § 846 and attempt to possess with intent to distribute a

controlled substance in violation of 21 U.S.C. § 846 and § 841(a)(1). In July 2008, Wood

filed a Form N-600 application for a certificate of citizenship based on his birth in 1970 in

the Panama Canal Zone and the United States citizenship of his mother. In September

2008, the application was denied because Wood had not shown that either of his parents

were United States citizens at the time of his birth. On May 18, 2009, a Final

Administrative Removal Order was issued on the basis that Wood is an alien with an

aggravated felony conviction. See 8 U.S.C. §1227(a)(2)(A)(iii) and § 1228(b). (A.R.

001.) Before us is Wood’s petition for review.1

Although 8 U.S.C. § 1252(a)(2)(C) provides that no court has jurisdiction to

review a final order of removal against an alien who is removable for having committed

an “aggravated felony” as defined by statute, the REAL ID Act provides that nothing in 

1252(a)(2)(C) “which eliminates judicial review, shall be construed as precluding review

of constitutional claims or questions of law raised upon petition for review filed with an

appropriate court of appeals in accordance with this section.” 8 U.S.C. § 1252(a)(2)(D).
2

 The record indicates a finding that Wood’s mother was not a United States

citizen until 1995.

3 Wood argues that he is a United States citizen because he was born in the Canal

Zone within a window of time during which certificates of citizenship were authorized. 

He relies on a prior version of 8 U.S.C. § 1101(a)(38), which, by his own description,

concerned such certificates issued to “citizens of the United States.” As discussed, Wood

has not shown that he is a citizen of the United States under 8 U.S.C. § 1403.

3

Under 8 U.S.C. § 1252(b)(5)(A), we have jurisdiction to review a claim of nationality if

there is no genuine issue of material fact with respect to that claim. The parties do not

dispute the underlying facts of the case. We exercise plenary review over Wood’s claims. 

Jordon v. Attorney General, 424 F.3d 320, 328 (3d Cir. 2005).

Wood challenges the removal order claiming that he is a United States citizen by

virtue of his birth in the Panama Canal Zone. Wood’s claim is governed by 8 U.S.C.

§ 1403(a), which provides that “[a]ny person born in the Canal Zone on or after February

26, 1904, and whether before or after the effective date of this Act, whose father or

mother or both at the time of the birth of such person was or is a citizen of the United

States,” is declared to be a United States citizen. Wood does not dispute that at the time

of his birth in Panama, neither one of his parents was a United States citizen.2

Accordingly, he did not acquire United States citizenship at birth under 8 U.S.C.

§ 1403(a).3

 He is thus removable due to his aggravated felony conviction. See 8 U.S.C.

§ 1227(a)(2)(A)(iii) and § 1228(b).

Because this petition for review presents no “substantial question,” we will grant

the government’s motion for summary action and summarily deny the petition for review. 
4

See Third Circuit LAR 27.4 and I.O.P. 10.6. Wood’s motions for a stay of removal and

to expedite issuing a stay of removal are denied as moot.