Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit

3-5-2009 Ogundoju v. Atty Gen USA Precedential or Non-Precedential: Non-Precedential Docket No. 05-1368

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Ogundoju v. Atty Gen USA" (2009). 2009 Decisions. Paper 1779. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1779

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-1368 OLUWAFUNMILAYO OGUNDOJU v. ATTORNEY GENERAL OF THE UNITED STATES (Agency No. A39 039 008)

Present: BARRY, SMITH and HARDIMAN, CIRCUIT JUDGES ORDER The foregoing motion is granted. The opinion and judgment entered November 7, 2008 are hereby vacated, and an amended opinion, holding the petition for review in abeyance, is hereby filed as of the date of this order.

It is further ordered that the matter be transferred pursuant to 8 U.S.C § 1252(b)(5)(B) to the United States District Court for the Middle District of Pennsylvania for a new hearing on Petitioner’s nationality claim.

Pending the proceedings on remand, the Respondent is directed to file status reports every days until the issue of nationality is resolved. Once the District Court has made a determination regarding Mr. Ogundoju’s nationality, Respondent shall promptly inform this Court in writing as to the date and disposition of the nationality claim.

By the Court, /s/Maryanne Trump Barry Circuit Judge Dated: March 5, 2009 ARL/cc: OO; CRS; DFB; ALG