FLORES-TORRES

FLORES-TORRES v. Holder

Good Law

680 F. Supp. 2d 1099·2009 WL 5511156·2009 U.S. Dist. LEXIS 125302

United States District Court, Northern District of CaliforniaDecember 23, 2009C 08-01037 WHA, C 09-03569 WHACalifornia3,802 words

Opinion

Alsup, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL

INTRODUCTION

Pursuant to 8 U.S.C. 1252(b)(A), this matter was transferred here by the court of appeals for a determination of petitioner Herbert Flores-Torres’ claim that he is a United States citizen. He is currently detained by Immigration and Customs Enforcement pursuant to a temporary stay of removal pending resolution of his claims by the Ninth Circuit. After a bench trial, this order now determines that petitioner became and remains a United States citizen pursuant to former 8 U.S.C. 1432(a) upon the naturalization of his mother on September 15, 1995.

PROCEDURAL HISTORY

In June 2005, petitioner was convicted of being a felon in possession of a firearm in violation of California Penal Code § 12021(a)(1). In October 2006, while petitioner was incarcerated for this offense, ICE filed an immigration detainer and placed him in removal proceedings, charging him with being an alien convicted of an aggravated felony. 8 U.S.C. 122T(a)(2)(A)(iii). Petitioner has been in ICE custody ever since.

Petitioner filed a motion in immigration court to terminate the removal proceedings against him on the grounds that he was a United…

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