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United States v. Del Rio

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


August 5, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ATILANO CHAVEZ DEL RIO, DEFENDANT.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

CONSENT JUDGMENT; AND ORDER

On November 25, 1995, Atilano Chavez Del Rio ("Defendant") became a naturalized citizen of the United States and received Certificate of Naturalization No. 22025572. Defendant is subject to denaturalization pursuant to 8 U.S.C. § 1451(a) because he procured his naturalization illegally and by material misrepresentations and omissions. See Counts I through IV of the Complaint.

Defendant has read the Complaint and its supporting Affidavit of Good Cause and concedes that he procured his naturalization illegally and by material misrepresentations and omissions as alleged in Counts I through IV of the Complaint. Plaintiff and Defendant have entered into a Settlement Agreement regarding this matter, which is attached as Exhibit A. Pursuant to the Settlement Agreement, Defendant consents to the entry of a Consent Judgment revoking his United States citizenship.

DATED: June 23, 2008

ORDER

THEREFORE, pursuant to the Settlement Agreement and 8 U.S.C. §1451(a) , IT IS HEREBY ORDERED:

1. On the grounds charged in Counts I through IV of the Complaint, the November 27, 1995 naturalization of Atilano Chavez Del Rio ("Defendant") ordered by the Attorney General of the United States admitting Defendant to United States citizenship is REVOKED and SET ASIDE and Certificate of Naturalization No. 22025572, issued by the Attorney General of the United States, is hereby CANCELLED.

2. From the date of this order, Defendant is forever RESTRAINED and ENJOINED from claiming any rights, privileges, or advantages under any document that purports to evidence United States citizenship obtained as a result of his improper naturalization on November 27, 1995.

3. Defendant shall SURRENDER and DELIVER Certificate of Naturalization No. 22025572, and any copies thereof in his possession, as well as make good faith efforts to recover and then surrender any copies thereof that he knows are in the possession of others, to the Department of Homeland Security, or its representative, within fourteen (14) days of the entry of this order. Defendant shall SURRENDER and DELIVER any other indicia of United States citizenship, including any United States passport, to the Department of Homeland Security, or its representative, within fourteen (14) days of the entry of this order.

4. Plaintiff and Defendant shall bear their own costs and attorney fees in this matter.

IT IS SO ORDERED.

20080805

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