U.S. v. MADRIGAL-ORELLANO, 11-5049GT. (2012)
Court: District Court, N.D. California
Number: infdco20120207862
Visitors: 5
Filed: Feb. 06, 2012
Latest Update: Feb. 06, 2012
Summary: ORDER GORDON THOMPSON, Jr., District Judge. On January 26, 2012, Defendant, Jose Carlos Madrigal-Orellano ("Mr. Madrigal"), filed a Motion to Withdraw Guilty Plea. Mr. Madrigal states that it was recently discovered that his father was a native born United States citizen. Mr. Madrigal argues that this may give him derivative citizenship, which is a defense to unlawful entry. The possibility that Mr. Madrigal may have derivative citizenship through his father is not sufficient to allow him
Summary: ORDER GORDON THOMPSON, Jr., District Judge. On January 26, 2012, Defendant, Jose Carlos Madrigal-Orellano ("Mr. Madrigal"), filed a Motion to Withdraw Guilty Plea. Mr. Madrigal states that it was recently discovered that his father was a native born United States citizen. Mr. Madrigal argues that this may give him derivative citizenship, which is a defense to unlawful entry. The possibility that Mr. Madrigal may have derivative citizenship through his father is not sufficient to allow him t..
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ORDER
GORDON THOMPSON, Jr., District Judge.
On January 26, 2012, Defendant, Jose Carlos Madrigal-Orellano ("Mr. Madrigal"), filed a Motion to Withdraw Guilty Plea. Mr. Madrigal states that it was recently discovered that his father was a native born United States citizen. Mr. Madrigal argues that this may give him derivative citizenship, which is a defense to unlawful entry. The possibility that Mr. Madrigal may have derivative citizenship through his father is not sufficient to allow him to withdraw his guilty plea at this time. However, if Mr. Madrigal actually proves to the Court that he does have derivative citizenship through his father, the Court will allow Mr. Madrigal to withdraw his guilty plea. Mr. Madrigal may submit further briefing and supporting documents to this Court to show that he has derivative citizenship through his father.
IT IS ORDERED that Mr. Madrigal's Motion to Withdraw Guilty Plea is DENIED without prejudice.
IT IS SO ORDERED.
Source: Leagle
