Opinion
Cr. No. 11-5049GT
02-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOSE CARLOS MADRIGAL-ORELLANO, Defendant.
ORDER
On January 26, 2012, Defendant, Jose Carlos Madrigal-Orellano ("Mr. Madrigal"), filed a Motion to Withdraw Guilty Plea. Mr. Madrigal states that it was recently discovered that his father was a native born United States citizen. Mr. Madrigal argues that this may give him derivative citizenship, which is a defense to unlawful entry. The possibility that Mr. Madrigal ma have derivative citizenship through his father is not sufficient to allow him to withdraw his guilty plea at this time. However, if Mr. Madrigal actually proves to the Court that he does have derivative citizenship through his father, the Court will allow Mr. Madrigal to withdraw his guilty plea. Mr. Madrigal may submit further briefing and supporting documents to this Court to show that he has derivative citizenship through his father.
IT IS ORDERED that Mr. Madrigal's Motion to Withdraw Guilty Plea is DENIED without prejudice.
IT IS SO ORDERED.
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GORDON THOMPSON, JR.
United States District Judge
cc: All counsel and parties without counsel.