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ILDEFONSO COLON, JR and ERNESTO R. RIVERA GANDIA 14-1525

ILDEFONSO COLON, JR and ERNESTO R. RIVERA GANDIA 14-1525

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Published by John E. Mudd
ILDEFONSO COLON, JR and ERNESTO R. RIVERA GANDIA 14-1525
ILDEFONSO COLON, JR and ERNESTO R. RIVERA GANDIA 14-1525

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Categories:Types, Legal forms
Published by: John E. Mudd on Jul 02, 2014
Copyright:Traditional Copyright: All rights reserved

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07/02/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO ILDEFONSO COLON, JR and ERNESTO R. RIVERA GANDIA Plaintiffs V. ERIC HOLDER IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL AND UNITED STATES OF AMERICA Defendants CIVIL NO. 14-1525 DECLARATORY JUDGMENT PERMANENT INJUNCTION
COMPLAINT TO THE HONORABLE COURT:
 COME NOW the plaintiff, through his undersigned attorney and very respectfully states, alleges and prays:
I. JURISDICTIONAL STATEMENT
 1. This action arises under the Constitution and laws of the United States, and this Court has federal question jurisdiction over this action pursuant to Article III
 
of the Constitution and 28 U.S.C. § 1331. Venue is proper pursuant to 28 U.S.C. § 1391 since  plaintiff resides in this district.
As relief, Plaintiffs pray that the Court issue the following equitable and declaratory relief pursuant to the Declaratory Judgment Act, 28 U.S.C. §§2201-02 and its equitable powers: (a) that Puerto Rico is an incorporated territory of the United States; (b) that as incorporated territory of the United States, Congress may not discriminate against the residents of Puerto Rico in the laws it enacts its laws; (c) that all laws that do not give equal
 
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treatment to Puerto Rico residents are unconstitutional and (d) that Congress cease to discriminate against plaintiffs as stated in the complaint.
II. THE PARTIES
2. Idelfonso Colón, Jr. is a citizen of the United States, with his permanent residence in the Commonwealth of Puerto Rico. He is retired from the U.S. Marine Corps, receiving Social Security payments from the United States. Ernesto R. Rivera Gandía is a citizen of the United States, with his permanent residence in the Commonwealth of Puerto Rico, receiving Social Security payments for the United States. 3. Eric Holder is the Attorney General of the United States of America who defends the constitutionality of the laws of the federal government. The United States of America is the name of this nation, which enacts its own laws and regulations.
III FACTUAL ALLEGATIONS
4. On July 25, 1998, Puerto Rico, then a colony of Spain, was invaded by the armed forces of the United States. Pursuant to the Treaty of Paris on December 10, 1898, P.R. became a possession of the United States of America. The Treaty was duly ratified by Congress, 30 Stat. 1754. 5. From 1898 to April 2, 1900, P.R. was governed by the U.S. military. On April 2, 1900 the Foraker Act was passed. It provided for a civil governor, named by the President of the United States, with a 11 man council, also named by the President, but only 5 could be Puertorricans. It also created a popularly elected House of Representatives with 35 members and for the position of Resident Commissioner, which still exists today. 6. Subsequently, in1917, Congress passed the Jones-Shafrot Act, better known as the Jones Act and it was signed into law by President Wilson on March 2 of that year, 39 Stat. 951.
 
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Puertorricans were given US citizenship and local government was expanded. The government still consisted of a governor appointed by the President but the Senate and House of Representatives were elected by direct vote of Puertorricans, a well as a Bill of Rights. The Jones act also extended the jurisdiction and powers of the federal district court to include, the naturalization of aliens in Puerto Rico. Moreover, all laws of the United States, unless they said otherwise, would have the same force and effect in Puerto Rico as in the rest of the nation. In addition, our federal district court became a part of the First Circuit Court of Appeals. 7. Moreover, since the beginning of the United States occupation of the Philippines, it was clear that this nation would be given its independence. Also, Philipinos, who were to serve gallantly in the U.S. Armed Forces were never granted US citizenship in contrast to Congress treatment of Puerto Rico’s residents. In 1935 the Tydings-McDuffie Act, 48 Stat. 456, established the "Commonwealth of the Philippines" for a ten-year transitory period, culminating in independence. On July 4, 1946, the Philippine Commonwealth status ended and the Republic of the Philippines commenced. 8. In contrast to the situation in the Philippines, further self-government ensued for Puerto Rico but under the aegis of the United States Congress and Constitution. In 1947 Congress allowed Puerto Rico to elect its governor, which was done in 1948 and in 1952 it allowed the first Constitution for the island. Also in 1952, the first Puertorrican born was appointed Federal Judge in the island. 9. In 1961 Congress provided Puerto Rico with a judicial state-federal court structure equal to that of the other States of the Union. At the time, the United States Court of Appeals for the First Circuit reviewed judgments of the federal district court and also those of the Puerto Rico Supreme Court as well. Public Law 87-189, 75 Stat. 417, provided that review of Puerto

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