Ceron-Echeverry v. Mukasey

Filing 69

ORDER pursuant to the parties 67 Stipulation: and the concession of the United States, IT IS ORDERED declaring Andres Jose Ceron-Echeverry a citizen of the United States. FURTHER ORDERED vacating the trial set for June 16, 2009 in this case on grou nds of mootness. FURTHER ORDERED that the clerk of the court shall transmit a copy of this order to the United States Court of Appeals for the Ninth Circuit as full compliance with that court's order of March 11, 2008, and for appropriate action by that court in connection with the consolidated petitions for review. FURTHER ORDERED vacating the writ of habeas corpus issued May 15, 2009. Signed by Judge Frederick J Martone on 5/29/09. (KMG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Andres Jose Ceron-Echeverry, Petitioner, vs. Eric H. Holder, Jr., U.S. Attorney General, Respondent.

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No. CV-08-555­PHX-FJM ORDER

By order filed on March 11, 2008, the United States Court of Appeals for the Ninth Circuit transferred consolidated petitions for review in circuit case numbers 07-73791 and 08-70632 to this court for a de novo hearing and decision regarding the nationality of the petitioner. Pursuant to 8 U.S.C. § 1252(b)(5)(B), we processed the case as though it had been brought under 28 U.S.C. § 2201, and set the matter for trial on June 16, 2009. On the day on which the proposed pretrial order was due to be lodged, the parties filed a "Joint Stipulation" (doc. 67) and a "Joint Motion for Declaratory Judgment" (doc. 68) in which the United States has conceded the citizenship of the petitioner. The United States states that it will issue a certificate of citizenship to the petitioner and asks the court to enter judgment declaring him to be a citizen of the United States. Joint Motion for Declaratory Judgment at 2. (Doc. 68).

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Accordingly, pursuant to the parties' stipulation and the concession of the United States, IT IS ORDERED declaring Andres Jose Ceron-Echeverry a citizen of the United States. IT IS FURTHER ORDERED vacating the trial set for June 16, 2009 in this case on grounds of mootness. IT IS FURTHER ORDERED that the clerk of the court shall transmit a copy of this order to the United States Court of Appeals for the Ninth Circuit as full compliance with that court's order of March 11, 2008, and for appropriate action by that court in connection with the consolidated petitions for review. IT IS FURTHER ORDERED vacating the writ of habeas corpus issued May 15, 2009. DATED this 29th day of May, 2009.

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