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Batista v. Ashcroft

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PETITION FOR REVIEW OF A REMOVAL ORDER, PURSUANT TO AN ORDER OF TRANSFER ISSUED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Ernest C. Torres, U.S. District Judge]

Cesar Batista-Baez (“Batista” or “Cesar Batista”) petitions for review of a reinstated final order of removal by the Immigration and Naturalization Service (“INS”). Although Batista concedes that he is removable based on a drug trafficking conviction, he contends that he is entitled to relief from removal because his father, a naturalized citizen, was his custodial parent, and hence he is a derived United States citizen. We find that there is a genuine issue of material fact regarding Cesar Batista’s nationality and transfer this case to the district court for a new hearing on the matter.

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