Flores-Villar

United States v. Flores-Villar

Good Law
497 F. Supp. 2d 1160·2007 WL 2238198·2007 U.S. Dist. LEXIS 59153
United States District Court, Southern District of CaliforniaMay 16, 200706cr0592 BTMCalifornia2,574 words

Opinion

Opinion

Moskowitz, J.

ORDER GRANTING MOTION IN LI-MINE TO PRECLUDE EVIDENCE RE: DERIVATIVE CITIZENSHIP

The United States has filed a motion in limine to preclude evidence regarding Defendant’s claim of derivative citizenship through his U.S. citizen father. For the reasons discussed below, the United States’ motion is GRANTED.

I. BACKGROUND

Ruben Flores-Villar (“Defendant”) was born on October 7, 1974 in Tijuana, Mexico. His biological mother, Maria Mercedes Negrete, is a citizen and national of Mexico. His biological father, Ruben Trinidad Floresvillar-Sandez (“Floresvil-lar”), was sixteen-years old when Defendant was born. A Certificate of Citizenship was issued to Floresvillar in 1989 based on the fact that his mother, Eva Carolina Sandez-Machado (“Sandez”), is a United States citizen.

Shortly after Defendant was born, he came to the United States to receive medical treatment. (Floresvillar Decl. (Def.’s Exh. C) ¶ 9.) After he was released from the hospital, he came to live with Floresvil-lar and Sandez in San Diego. (Id.) Defendant grew up with Floresvillar, Sandez, and Floresvillar’s siblings in San Diego and Chula Vista. (Floresvillar Decl. ¶ 10.) Defendant had little contact with his…

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