Bernardo Lloyd Callender v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-3218 ___________ BERNARDO AGUSTIN LLOYD CALLENDER, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A031-158-553) Immigration Judge: Nelson A. Vargas-Padilla ____________________________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on August 18, 2021 Before: GREENAWAY, JR., KRAUSE, and BIBAS, Circuit Judges (Opinion filed: November 24, 2021) ____________________________________ ___________ OPINION* ___________ PER CURIAM Bernardo Agustin Lloyd Callender petitions pro se for review of a final order of re- moval. For the reasons that follow, we will deny the petition. I. Lloyd Callender is a citizen of Panama. Although Lloyd Callender and his family re- sided in the Canal Zone in Panama when he was a child, he was born in a hospital in Pan- ama outside of the Canal Zone, in 1967. Lloyd Callender’s parents were not married when he was born but got married soon after. His father became a U.S. citizen in 1970 while he was serving in the U.S. military. Lloyd Callender came to the United States with his parents as a lawful permanent resi- dent in 1971, when he was four years old. His parents physically separated after they arrived in the United States. After the separation, Lloyd Callender lived with his father, but there was no formal custody decree or legal separation in place. His parents legally divorced in 1996, when he was 29 years old. Lloyd Callender’s mother became a U.S. citizen in 2000, when he was 33 years old. In 2004, Lloyd Callender was convicted of drug, weapons, and assault offenses in the United States District Court for the District of Columbia. In 2019, he was served with a * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 Notice to Appear and was charged as removable based on several criminal convictions, including two aggravated felonies. Lloyd Callender sought to terminate his removal pro- ceedings, arguing that he had derived U.S. citizenship from his father and that he was a citizen based on his contention that he was born in the Canal Zone in Panama. At a hearing where Lloyd Callender was represented by counsel, he conceded that he had committed the criminal offenses listed in his Notice to Appear and conceded that he was born in Panama, outside of the Canal Zone. However, he presented arguments about derivative citizenship. An Immigration Judge (“IJ”) concluded that Lloyd Callender was removable as charged and rejected his claim of citizenship. The Board of Immigration Appeals (“BIA”) affirmed that ruling. Lloyd Callender timely petitioned for review. II. Our jurisdiction is limited when, as here, a petitioner is removable due to a conviction for an aggravated felony. See 8 U.S.C. §§ 1252(a)(2)(C), 1227(a)(2)(A)(iii); see also 8 U.S.C. § 1101(a)(43)(B), (F). However, we retain jurisdiction to review a petitioner’s col- orable constitutional claims and questions of law. See 8 …

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