
    Martin CARDOZA-SEPULVEDA, aka Martin Lugo Morales, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 10-73638.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 11, 2015.
    
    Filed March 26, 2015.
    John E. Ricci, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.
    Craig Alan Newell, Jr., Esquire, Trial, OIL, U.S. Department of Justice, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: CALLAHAN, M. SMITH, and WATFORD, Circuit Judges.
    
      
       The- panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Martin Cardoza-Sepulveda appeals from the BIA’s determination that because he failed to establish that he is a United States citizen, his motion to terminate deportation proceedings was properly denied. Because the parties are familiar with the facts and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We deny the petition for review.

“[T]here must be strict compliance with all the congressionally imposed prerequisites to the acquisition of citizenship.” Fedorenko v. United States, 449 U.S. 490, 506, 101 S.Ct. 737, 66 L.Ed.2d 686 (1981). Cardoza-Sepulveda has conceded that he is not a United States citizen by birth under INA § 301(a)(7), 8 U.S.C. § 1401(a)(7)(1964), because his father, a United States citizen at birth, was not physically present in the United States for the time required by the statute — ten years, five of which were after the age of 14 — prior to Cardoza-Sepulveda’s birth. Additionally, Cardoza-Sepulveda does not make the argument that he or his father naturalized under INA § 316(a), 8 U.S.C. § 1427(a), or that either of them satisfied the requirements necessary for naturalization. See, e.g., INA § 312(a), 8 U.S.C. § 1423(a); INA § 313, 8 U.S.C. § 1424; INA § 337, 8 U.S.C. § 1448. Therefore, Cardoza-Sepulveda is not a citizen under INA § 321(a), 8 U.S.C. § 1432(a) (enacted 1988)(repealed 2000), because his father was a citizen at birth, not through naturalization. Because Cardoza-Sepulveda is not a United States citizen, his motion to terminate deportation proceedings was properly denied.

PETITION FOR REVIEW DENIED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
     