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Lira-Andrade v. Holder

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 5, 2010

RODOLFO LIRA-ANDRADE, PETITIONER,
v.
ERIC HOLDER RESPONDENT.

ORDER

The instant case is before the Court pursuant to transfer from the Ninth Circuit Court of Appeals under 8 U.S.C. § 1252(b)(5)(B) for determination of petitioner's claim to derivative United States citizenship. The parties have consented to proceed before the undersigned. See 28 U.S.C. § 636(c)(1).

After briefing by both parties, petitioner submitted a Motion for Voluntary Dismissal of his claim to United States citizenship. Respondent does not oppose the motion. As no other issues remain for this Court's determination under § 1252(b)(5)(B), and petitioner's raises other issues beyond the claim of derivative citizenship which must be addressed under 8 U.S.C. § 1252(a)(1), the Court will return the case to the Ninth Circuit.

Accordingly, it is ORDERED that:

1. Petitioner's December 4, 2009 Motion for Voluntary Dismissal of Claim Under 8 U.S.C. § 1252(b)(5)(B) is hereby GRANTED;

2. The case is returned to the Court of Appeals for the Ninth Circuit for further proceedings and the Clerk is directed to close the file in this court.

20100105

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