82 | Report on the Situation of Human Rights in the Dominican Republic 181. The Court therefore resolved that because she was the daughter of Haitian nationals who, at the time of her birth, were “in transit”, Juliana Deguis did not have a right to claim Dominican nationality under Article 11(1) of the 1966 Constitution in force at the time of her birth. It also held that the fact that Juliana Deguis did not have a right to Dominican nationality by jus soli did not render her stateless because she had a right to Haitian nationality. Based on the foregoing, the Constitutional Court resolved: 1. To admit the petition for review. 2. To deny the petition and revoke Judgment No. 473/2012, inasmuch as Juliana Deguis is the daughter of foreign nationals in transit, which makes her ineligible for Dominican nationality under the 1966 Constitution (in force at the time of her birth). 3. To order the Central Electoral Board, in application of Circular No. 31 issued in 2011 by the Office of the Director of Civil Registry, 186 to take the following measures: a) within a period of 10 days, hand over to Juliana Deguis the original of her certificate of declaration of birth; b) submit that document to the competent court for a determination of its validity or invalidity, and c) do likewise in all other cases similar to the one this Court has decided. 4. To order the Office of the Director General of Immigration to issue, within a period of 10 days, a special permit for Mrs. Juliana Deguis for a temporary stay in the country until the “National Plan to Regularize the Status of Illegal Aliens Living in the Country” 187 determines what conditions must be met for regularization in cases of her kind. 5. To order the Central Electoral Board to: a) audit, within one year of the notification of this judgment (a period that can be extended for up to an additional one year), the births recorded with the Dominican Republic’s Registry between 1929 and the present; b) enter the names of the foreigners irregularly registered on a list to be called the “List of foreigners irregularly registered into the Dominican Republic’s Civil Registry”; c) assemble special annual record books of foreign births between June 21, 1929 and 2007, the date on which the Central Electoral Board put into effect the “Registry of Children Born to Foreign-Born Mothers who do not have residency status in the Dominican Republic”; e) transfer the births that appear on the “List of foreigners irregularly registered into the Dominican Republic’s Civil Registry” to the record books of foreign births; and f) report the births of legally 186 187 This circular concerns the decision on the issuance of birth certificates under investigation, for children born of foreign nationals. In this circular, Registry officials are instructed to hand over the birth certificates of all those persons whose case files are under investigation or review, until such time as the JCE decides whether to suspend them or declare them irregular. Under Article 151 of Immigration Law No. 285-04, the Dominican Government is to prepare a national plan to regularize foreign nationals living in the country illegally, which will at least take into account the following factors: “the period of time the foreign national has been in the country”; “ties with society”; job and socioeconomic circumstances; and the regularization of such persons, either individually or by family, but not collectively. Organization of American States | OAS