26 I. & N. Dec. 197; 2013 BIA LEXIS 22

 26 I. & N. Dec. 197; 2013 BIA LEXIS 22

Opinion

 [*197]  PAULEY, Board Member:

In a decision dated January 15, 2013, an Immigration Judge determined that the respondent did not derive United States citizenship through his mother, incorporating by reference an October 15, 2012, interim decision. The Immigration Judge also sustained the charge of removability against the respondent and ordered him removed to Jamaica. The respondent has appealed, challenging only the denial of his claim to derivative citizenship. The respondent's appeal will be sustained and the proceedings will be terminated.

I. FACTUAL AND PROCEDURAL HISTORY

This case is governed by former section 321(a) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a) (2000), which was in effect at the time relevant to the respondent's case. ¹ That section described the conditions  [*198]  under which a child born outside the United States of alien parents automatically acquired citizenship.

 [**2]  

The facts in this case are not in dispute. The record reflects that the respondent was born in Jamaica on January 29, 1976, to his married parents, each of whom was a native and citizen of Jamaica. On December 14, 1981, the respondent entered the United States as a lawful permanent resident. The respondent's mother was naturalized on April 13, 1988. His parents were divorced on July 25, 1990. The respondent became 18 years old in 1994.

II. ANALYSIS

Former section 321(a) of the Act provided that citizenship was automatically acquired by a child born outside the United States of alien parents under the following conditions:

(1) The naturalization of both parents; or

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