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CHAU v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY

No. CIV 03-00422-PHX-SMM.

424 F.Supp.2d 1159 (2006)

Dung Van CHAU, Petitioner, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States District Court, D. Arizona.

March 28, 2006.

Attorney(s) appearing for the Case

Lori Anne Higuera, Nancy-Jo Merritt, Fennemore Craig PC, Phoenix, AZ, for Petitioner.

Allen W. Hausman, Anthony C. Payne, David V. Bernal, Robert D. McCallum, Jr., U.S. Dept. of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, Cynthia M. Parsons, U.S. Attorney's Office, Phoenix, AZ, for Respondent.

MEMORANDUM OF DECISION AND ORDER

MCNAMEE, Chief Judge.

This case was transferred to this Court from the United States Court of Appeals for the Ninth Circuit for a de novo determination of Petitioner's citizenship. Chau v. INS, 247 F.3d 1026, 1032 (9th Cir.2001). Since then, the Court has allowed the parties substantial time to develop the factual and legal bases for their positions. Pending before the Court...

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