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Lira-Andrade v. Holder

May 20, 2009

RODOLFO LIRA-ANDRADE, PETITIONER,
v.
ERIC HOLDER*FN1, ATTORNEY GENERAL, RESPONDENT.



ORDER

Pursuant to a final order of removal, petitioner has been removed from this country based on a finding that he was an alien convicted of certain criminal offenses. See 8 U.S.C. § 1227(a)(2). Petitioner challenges the order of removal on the ground that he is a national of the United States. See 8 U.S.C. § 1252(b)(5). The Ninth Circuit has found that there is a genuine dispute about petitioner's claim to be a national of the United States and transferred the matter to this court. See 8 U.S.C. § 1252(b)(5)(B).

Accordingly, it is HEREBY ORDERED that within thirty days of the filing date of this order, the parties shall file a joint status statement addressing the following matters:

1. the advisability and necessity for the filing of dispositive motions addressing the question of whether petitioner is a national of the United States;

2. their availability for a hearing on whether petitioner is a national of the United States;

3. the number of witnesses each party intends to call at the hearing;

4. the approximate number of days the parties believe will be necessary for the hearing; and

5. the need for post-hearing briefing.

A Status Conference is HEREBY SET for Wednesday, June 24, 2009, at 10:00 a.m., in Courtroom No. 25.

SO ...


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