Brito

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Victor Manuel Brito Sanchez, No. 2:18-CV-00097-KJM-DB Plaintiff, ORDER Vv. Merrick Garland, United States Attorney General, Defendant. The Ninth Circuit Court of Appeals transferred this action to this court to resolve a genuine issue of material fact as to the claim of plaintiff! Victor Manuel Brito Sanchez (Brito) to bea United States citizen. Transfer Order, ECF No. 1. The government previously established a presumption that Brito was born in Mexico. See Order (July 15, 2020), ECF No. 27. As explained in this order, Brito has now rebutted that 22 presumption by substantial credible evidence. See Mondaca-Vega v. Lynch, 808 F.3d 413, 419 (9th Cir. 2015). The burden thus shifts back to the government to prove “by clear, unequivocal, and convincing evidence” that Brito is removable. See Berenyi v. Dist. Dir., INS, 385 U.S. 630, 636 (1967); see also Mondaca-Vega,…