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FLORES-TORRES v. HOLDER

Nos. C 08-01037 WHA, C 09-03569 WHA.

680 F.Supp.2d 1099 (2009)

Herbert FLORES-TORRES, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Janet Napolitano, Secretary of the Department of Homeland Security, Nancy Alcantar, Immigration and Customs Enforcement Detention and Removal Operations Field Office Director, and Edward Flores, Chief of Corrections of Santa Clara County Jail, Respondents.

United States District Court, N.D. California.

December 23, 2009.

Attorney(s) appearing for the Case

Holly Stafford Cooper, Carter White, King Hall Civil Rights Clinic, University of California, Davis School of Law, Davis, CA, for Petitioner.

Gjon Juncaj U.S. Department of Justice Office of Immigration Litigation, District Court Section, Washington, DC, Melanie Lea Proctor, Ila Casy Deiss, United States Attorney's Office, San Francisco, CA, for Respondents.

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL

WILLIAM ALSUP, District Judge.

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...

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