Hernandez v. Lynch, 2:16-CV-01192-TLN-EFB. (2017)
Court: District Court, E.D. California
Number: infdco20171121a35
Visitors: 25
Filed: Nov. 20, 2017
Latest Update: Nov. 20, 2017
Summary: Stipulation And Order of Dismissal TROY L. NUNLEY , District Judge . [Proposed] STIPULATION AND ORDER OF DISMISSAL IT IS HEREBY STIPULATED AND AGREED between the parties that the above entitled case be dismissed as Petitioner acknowledges that he will be unable to prove that his mother had been physically present in the United States or one of its outlying possessions for a continuous period of one year, prior to Petitioner's birth, such that Petitioner would have derived citizenship f
Summary: Stipulation And Order of Dismissal TROY L. NUNLEY , District Judge . [Proposed] STIPULATION AND ORDER OF DISMISSAL IT IS HEREBY STIPULATED AND AGREED between the parties that the above entitled case be dismissed as Petitioner acknowledges that he will be unable to prove that his mother had been physically present in the United States or one of its outlying possessions for a continuous period of one year, prior to Petitioner's birth, such that Petitioner would have derived citizenship fr..
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Stipulation And Order of Dismissal
TROY L. NUNLEY, District Judge.
[Proposed] STIPULATION AND ORDER OF DISMISSAL
IT IS HEREBY STIPULATED AND AGREED between the parties that the above entitled case be dismissed as Petitioner acknowledges that he will be unable to prove that his mother had been physically present in the United States or one of its outlying possessions for a continuous period of one year, prior to Petitioner's birth, such that Petitioner would have derived citizenship from his mother pursuant to 8 U.S.C. § 1409(c) (as in effect in 1975 at the time of Plaintiff's birth), assuming arguendo that Petitioner's mother was a United States citizen at the time of his birth. This stipulation, that Petitioner will be unable to prove that he is a United States citizen, constitutes a final decision on Petitioner's citizenship claim. The parties shall notify the United States Court of Appeals for the Ninth Circuit within 10 days of entry of this order, so that the petitions for review pending in that Court can proceed.
ORDER
It is hereby ordered that this case be returned to the United States Court of Appeals for the Ninth Circuit.
Source: Leagle
