Retamal v. United States Customs & Border Prot., No. 03-00613 (Ct. Int'l Trade 2006)

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This opinion or order relates to an opinion or order originally issued on February 3, 2005.

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Slip Op. 06 - 70 UNITED STATES COURT OF INTERNATIONAL TRADE - - - - - - - - - - - - - - - - - - - x SERGIO U. RETAMAL, : Plaintiff, : v. : U.S. CUSTOMS AND BORDER PROTECTION DEPARTMENT OF HOMELAND SECURITY, : Court No. 03-00613 Defendant. : - - - - - - - - - - - - - - - - - - - x Memorandum & Order Dated: AQUILINO, Senior Judge: opinion 04-149, 28 CIT May 11, 2006 Pursuant to this court's slip (Nov. 24, 2004), final judgment was entered, dismissing this action. Upon subsequent denial of a mo- tion for rehearing per slip opinion 05-15, 29 CIT (Feb. 3, 2005), the originally-pro-se plaintiff's adoptive counsel prosecuted an appeal to the U.S. Court of Appeals for the Federal Circuit, which handed down a decision that concluded: The judgment of the United States Court of International Trade is vacated in part, reversed in part, and the case is remanded with instructions to dismiss. Sergio U. Retamal & John J. Galvin v. U.S. Customs & Border Protection, 439 F.3d 1372, 1378 (Fed.Cir. 2006). That court's judgment issued as a mandate on April 27, 2006 to the foregoing effect causes this court to reaffirm that all Court No. 03-00613 Page 2 that its judgment did on November 24, 2004 was to do what the appellate remand now seemingly requires, to wit, dismiss this action. Ergo, it is once again so ordered. Dated: New York, New York May 11, 2006 Thomas J. Aquilino, Jr. Senior Judge

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