USCA11 Case: 21-13524 Document: 56-1 Date Filed: 03/28/2023 Page: 1 of 7 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13524 Non-Argument Calendar ____________________ NEIL SEAN FAGAN, Petitioner-Appellant, versus UNITED STATES OF AMERICA, WARDEN, STEWART DETENTION CENTER, ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, SECRETARY, U.S. DEPT. OF HOMELAND SECURITY, FIELD OFFICE DIRECTOR, ATLANTA DISTRICT FIELD OFFICE, USCA11 Case: 21-13524 Document: 56-1 Date Filed: 03/28/2023 Page: 2 of 7 2 Opinion of the Court 21-13524 Respondents-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:19-cv-00349-WTM-CLR ____________________ Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Neil Sean Fagan appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition for lack of subject-matter jurisdiction. Because Fagan sought review of issues decided in his removal proceeding—specifically, whether he is a U.S. citizen—the sole and exclusive means for judicial review is through his petition for review. 1 We affirm the dismissal of his petition. I. The relevant background is largely undisputed. Fagan was born in Jamaica in 1969 and immigrated to the United States with 1 Fagan’s petition for review of the underlying removal order is docketed with this Court as appeal No. 20-10239. In December 2022, we transferred the pro- ceeding to the district court for a de novo hearing on Fagan’s nationality claim, in accordance with 8 U.S.C. § 1252(b)(5). Fagan v. U.S. Att’y Gen., No. 20- 10239 (11th Cir. Dec. 15, 2022). USCA11 Case: 21-13524 Document: 56-1 Date Filed: 03/28/2023 Page: 3 of 7 21-13524 Opinion of the Court 3 his mother in 1974. His mother became a citizen in 1986, and he became a lawful permanent resident in 1988. In 2012, Fagan was convicted of one count of conspiracy to commit wire and mail fraud and four counts of mail fraud. He was sentenced to 90 months of imprisonment and three years of super- vised release. A. In 2018, the government brought a proceeding to remove Fagan based on his fraud convictions, and he was placed in immi- gration custody. Fagan moved to terminate and otherwise de- fended the removal proceeding on the ground that he was a U.S. citizen, allegedly having acquired derivative citizenship through his mother’s naturalization. After multiple hearings, the Immigration Judge (“IJ”) found that Fagan did not obtain derivative citizenship because he did not become a lawful permanent resident before his eighteenth birth- day. The IJ denied Fagan’s motions to terminate and ordered him removed to Jamaica for having committed two or more crimes in- volving moral turpitude. See 8 U.S.C. § 1227(a)(2)(A)(ii). The Board of Immigration Appeals (“BIA”) affirmed the IJ’s decisions and dismissed Fagan’s appeal in December 2019. Fagan timely filed a petition for review of the BIA’s decision. We stayed removal and then, on December 15, 2022, we trans- ferred the proceeding to the district court for a de novo hearing on Fagan’s nationality claim, pursuant to 8 U.S.C. § 1252(b)(5)(B), USCA11 …
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