793 F. Supp. 2d 440
D.D.C.2011Background
- Hassan, born in the United States in 1970, seeks a declaration of U.S. citizenship and possession of a U.S. passport.
- Plaintiff alleges governing regulations misinterpret birthright citizenship for children of foreign diplomats, citing 8 C.F.R. § 101.3(a)(1).
- State Department initially denied Hassan a passport, then approved it years later, based on changing interpretations of citizenship at birth.
- In 2009 a USCIS officer confiscated Hassan's passport; replacement was issued in 2009, then the Agency later claimed an error and sought return.
- Hassan engaged a congressman; subsequent State Department letters reversed positions, ultimately indicating Hassan was never subject to U.S. jurisdiction at birth.
- Plaintiff filed this action in 2010 seeking a judicial determination of citizenship and related relief against multiple federal officials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject matter jurisdiction | Hassan seeks citizenship declaration under INA/APA/DJA. | Court lacks jurisdiction over citizenship claims and related relief. | Court lacks subject matter jurisdiction; dismissal warranted. |
| Whether INA sections 1254 and 1255 authorize relief | Sections 1254/1255 provide relief relevant to Hassan's status. | Sections 1254 and 1255 are inapplicable or repealed for Hassan's claims. | INA sections 1254 and 1255 do not apply to Hassan's claims; relief not available. |
| Whether APA and Mandamus Act claims survive | APA/Mandamus provide relief when other avenues exist. | Adequate alternative remedies exist under 8 U.S.C. § 1503(a). | APA and Mandamus claims dismissed due to availability of § 1503(a). |
| Whether DJA claim is cognizable here | DJA provides a remedy for declaratory relief on citizenship status. | DJA is not independent jurisdiction; must attach to an independent remediable right. | DJ A claim dismissed for lack of jurisdiction; plaintiff did not invoke an independent INA remedy. |
Key Cases Cited
- Sparrow v. United Air Lines, Inc., 216 F.3d 1111 (D.C. Cir. 2000) (treat certain facts with deference while assessing jurisdictional and factual inferences)
- Schuler v. United States, 617 F.2d 605 (D.C. Cir. 1979) (standard for evaluating pleadings and inferences on motions to dismiss)
- Hohri v. United States, 782 F.2d 227 (D.C. Cir. 1986) (jurisdictional considerations and outside-pleadings materials in 12(b)(1) motions)
- Jerome Stevens Pharms., Inc. v. FDA, 402 F.3d 1249 (D.C. Cir. 2005) (analysis of administrative action and jurisdiction in agency-review context)
- Gustave-Schmidt v. Chao, 226 F.Supp.2d 191 (D.D.C. 2002) (standards for reviewing administrative decisions and related jurisdiction)
- C & E Servs., Inc. of Wash. v. D.C. Water & Sewer Auth., 310 F.3d 197 (D.C. Cir. 2002) (Declaratory Judgment Act cannot create jurisdiction; relief must follow a remediable right)
- Seized Prop. Recovery, Corp. v. U.S. Customs and Border Prot., 502 F.Supp.2d 50 (D.D.C. 2007) (Declaratory Judgment Act relief requires remediable underlying rights)