TELLEZ v. BARR (2019)

United States Court of Appeals, Fifth Circuit.

Casmiro Cruz TELLEZ, also known as Casimiro Cruz, also known as Casimiro Cruz Tellez, Petitioner, v. William P. BARR, U.S. Attorney General, Respondent.

No. 18-60170

Decided: September 09, 2019

Before SMITH, DENNIS, and HAYNES, Circuit Judges.

Javier N. Maldonado, Law Office of Javier N. Maldonado, P.C., San Antonio, TX, for Petitioner Andrew Jacob Oliveira, Sharon Michele Clay, Esq., Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent Trina A. Realmuto, Kristin Macleod-Ball, American Immigration Council, Brookline, MA, for Amicus Curiae American Immigration Council Andrew Brian Wachtenheim, Esq., Immigrant Defense Project, New York, NY, for Amicus Curiae Immigrant Defense Project

Under 8 U.S.C. § 1252(b)(5)(B), there is a genuine issue of material fact as to the petitioner’s claim of United States citizenship. IT IS ORDERED that the petitioner’s motion to transfer the petition for review to the United States District Court for the Western District of Texas for review of his citizenship claim is GRANTED. The appeal is DISMISSED. This order is not to be construed as a comment on citizenship or any other issue.

FOOTNOTES

FOOTNOTE.

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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