SUMMARY ORDER

Petitioner Rodwell Poole (“petitioner” or “Poole”) files this petition for review of a September 16, 2008 decision and order of the Board of Immigration Appeals (“BIA”) that dismissed his claim of derivative United States citizenship. The BIA issued its decision and order on remand from the Second Circuit, which previously found Poole’s petition for review time-barred except with respect to his claim of derivative citizenship. See Poole v. Mtücasey, 522 F.3d 259 (2d Cir. 2008).

Petitioner argues that the BIA incorrectly held that it does not have the power to grant derivative citizenship nunc pro tunc. Even assuming arguendo that the BIA does have this power, however, petitioner has presented no evidence that the delay in processing his mother’s naturalization application was “untoward” or that his mother took any action to expedite the application in light of petitioner’s age. See also Calix-Chavarria v. Att’y General, 182 Fed.Appx. 72, 76 (3d Cir. 2006) (noting circumstances in which it might be appropriate to grant derivative citizenship nunc pro tunc ). 2 We therefore DENY the peti *84 tion for review. The previously granted stay of deportation is VACATED.