Mario Candela-Rios v. Jefferson Sessions, US Atty.

Case: 17-50379 Document: 00514507880 Page: 1 Date Filed: 06/11/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-50379 FILED June 11, 2018 Lyle W. Cayce MARIO CANDELA-RIOS, Clerk Petitioner - Appellant v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent - Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 5:16-CV-220 Before KING, HAYNES, and HIGGINSON, Circuit Judges. PER CURIAM:* A district court determined that Mario Candela-Rios was born in Mexico, rather than the United States as he claims. Candela-Rios appeals, arguing that the district court erroneously (1) admitted a Mexican birth record and (2) assigned him the burden to prove his birth in the United States. We conclude the district court properly admitted the Mexican birth record. We AFFIRM. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 17-50379 Document: 00514507880 Page: 2 Date Filed: 06/11/2018 No. 17-50379 I. Background The Government initiated removal proceedings against Candela-Rios in 2014. During the proceedings, Candela-Rios admitted to being a native and citizen of Mexico. He sought asylum. In December 2014, he filed an asylum application on which he wrote that he was born in Mexico on November 27, 1967. Later, Candela-Rios argued he could not be removed from the United States because he was a United States citizen by virtue of his birth in Texas. The Government maintained he was born in Mexico. The immigration judge found that Candela-Rios is a native and citizen of Mexico who was present in the United States without inspection or parole. He ordered Candela-Rios removed. Candela-Rios appealed to the Board of Immigration Appeals, but it dismissed his appeal. Candela-Rios filed in this court a petition for review of the BIA’s decision. The Government moved for summary disposition, arguing that no genuine issue of material fact exists because the evidence shows that Candela-Rios was born in Mexico. Candela-Rios opposed, claiming that he was born in the United States. A previous panel of this court denied summary disposition and transferred the case to the United States District Court for the Western District of Texas, under 8 U.S.C. § 1252(b)(5)(B), “for a fact finding determination of where petitioner was born.” Candela-Rios v. Lynch, No. 15- 60685 (5th Cir. Jan. 7, 2016) At the hearing before the district court, Candela-Rios and the Government each presented evidence about where Candela-Rios was born. Candela-Rios primarily relied on a Texas birth certificate indicating he was born on Highway 83, N., in Crystal City, Texas, on December 17, 1967. Candela-Rios offered no medical or vaccination records, school records, church records, bills, property rental statements, immigration paperwork, photographs, or other evidence showing he was born in the United States or 2 Case: 17-50379 Document: 00514507880 Page: 3 Date Filed: 06/11/2018 No. 17-50379 even that his family was in the ...

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