
    Romeo RAMIREZ-GARCIA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.
    No. 07-72911.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Nov. 2, 2009.
    Filed Dec. 3, 2009.
    Holly Stafford Cooper, Esquire, UC Davis Law School Immigration Law Clinic, Davis, CA, for Petitioner.
    Melissa Lynn Neiman-Kelting, OIL, Arthur Leonid Rabin, DOJ-U.S. Department of Justice, Washington, DC, District Counsel Phoenix, Esquire, Office of the District Director, U.S. Department of Homeland Security, Phoenix, AZ, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.
    Before: B. FLETCHER, CANBY, and GRABER, Circuit Judges.
   MEMORANDUM

Petitioner Romeo Ramirez-Garcia seeks review of a decision of the Board of Immigration Appeals affirming an immigration judge’s order of deportation. The immigration judge denied Ramirez-Garcia’s claim of derivative United States citizenship and his application for withholding of removal. The citizenship claim is the only issue that Ramirez-Garcia has presented here. We have jurisdiction over the petition pursuant to 8 U.S.C. § 1252.

We need not address Ramirez-Garcia’s challenge to the admissibility of his father’s affidavit and related papers because we conclude that, whether or not the disputed material is admitted, the record presents a genuine issue of material fact with regard to Ramirez-Garcia’s claim to be a national of the United States. See 8 U.S.C. § 1252(b)(5)(B). When the record shows “a genuine issue of material fact about the petitioner’s nationality,” the statute requires us to transfer this proceeding to the district court for “a new hearing on the nationality claim and a decision on that claim.” Id.; see Ayala-Villanueva v. Holder, 572 F.3d 736, 738, 740 (9th Cir.2009). We accordingly transfer this proceeding to the District Court for the District of Arizona for a de novo hearing on Ramirez-Garcia’s nationality. We hold the petition for review in abeyance pending the district court’s decision. Ayala-Villanueva, 572 F.3d at 740.

MATTER TRANSFERRED TO DISTRICT COURT OF ARIZONA; PETITION FOR REVIEW HELD IN ABEYANCE. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     