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Munoz-Perales v. Holder

United States District Court, Ninth Circuit

June 14, 2013

VICTOR MANUEL MUNOZ-PERALES, Plaintiff,
v.
ERIC H. HOLDER, JR., U.S. Attorney General, Defendant.

ANDRÉ BIROTTE, JR., United States Attorney, WILLIAM C. PEACHEY, Assistant Director Office of Immigration Litigation, YAMILETH DAVILA, Trial Attorney, MATTHEW SPURLOCK, Trial Attorney, ANDREW B. INSENGA, Trial Attorney Office of Immigration Litigation U.S. Department of Justice - Civil Division Washington, DC, Attorneys for DEFENDANT Eric H. Holder, Jr., U.S. Attorney General

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

MANUEL L. REAL, District Judge.

Defendant submits the following Statement of Uncontroverted Facts and Conclusions of Law pursuant to the Court's April 15, 2013, Order.

STATEMENT OF UNCONTROVERTED FACTS

1. Plaintiff, Victor Manuel Munoz Perales, was born in Piedras Negras, Mexico. Defendant ("Def.") Exhibit 1 (Certified Short-Form Birth Certificate for Victor Manuel Munoz Perales, with translation); Def. Exhibit 2 (Certified Long-Form Birth Certificate for Victor Manuel Munoz Perales, with translation); Def. Exhibit 3 (Plaintiff Dep.) at 9:16-17.
2. Plaintiff claims he was born in 1950. Def. Exhibit 3 at 9:14-15.
3. Plaintiff's parents are Bertha Perales de Munoz and Jose Lino Munoz. Def. Exhibit 1, 2.
4. Plaintiff's mother was a citizen of Mexico, not the United States, at the time of Plaintiff's birth. Def. Exhibit 13 (Plaintiff's Response to Defendant's Request for Admission No. 3).
5. Plaintiff claims his father was born in Eagle Pass, Texas, in 1913. Def. Exhibit 3 at 53:9-10, 16-17; 79:11-12.
6. Irma Munoz de Iturbe, Plaintiff's sister, was born in 1936 in Piedras Negras, Mexico. Def. Exhibit 8 (Irma Iturbe Dep.) at 7:4-20.
7. Enrique Munoz Perales, Plaintiff's brother, was born in 1944 in Piedras Negras, Mexico. Def. Exhibit 4 (Certified Short-Form Birth Certificate for Enrique Munoz Perales, with translation); Def. Exhibit 5 (Certified Long-Form Birth Certificate for Enrique Munoz Perales, with translation).
8. According to the birth certificate of Enrique Munoz Perales, Petitioner's father resided in Mexico at the time of Enrique Munoz Perales's birth in 1944. Def. Exhibit 5.
9. Jose Lino Munoz Perales, Plaintiff's brother, was born in 1948 in Piedras Negras, Mexico. Def. Exhibit 6 (Certified Short-Form Birth Certificate for Jose Lino Munoz Perales, with translation); Def. Exhibit 7 (Certified Long-Form Birth Certificate for Jose Lino Munoz Perales, with translation).
10. According to the birth certificate of Jose Lino Munoz Perales, Petitioner's father resided in Mexico at the time of Jose Lino Munoz ...

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