United States v. Claudia Marquez Moreno
59 V.I. 1131
3rd Cir.2013Background
- Moreno, born in Mexico in 1971, was adopted by a U.S. citizen; birth certificate lists Mexico as birthplace.
- She previously was found not to be a U.S. citizen by immigration authorities (2006 Fifth Circuit) and deported.
- She obtained a valid U.S. passport in 2007 (listed New Mexico birth and nationality on passport documents).
- Her passport was confiscated in 2008 but never revoked; DHS later discovered it remained valid.
- In 2011 she was advised she was not a citizen; she still represented herself as a U.S. citizen and was arrested for § 911 violations.
- District Court instructed the jury on the elements of § 911 and denied her Rule 29 acquittal and proposed jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a passport is conclusive proof of citizenship under § 2705 only if issued to a U.S. citizen | Moreno: passport conclusively proves citizenship | Moreno not a citizen; § 2705 requires issuance to a citizen | Passport conclusive only if holder was a U.S. citizen when issued |
| Whether the district court erred by denying a jury instruction that passport is conclusive proof | Passport conclusive; instruction should have been given | Passport conclusive only if citizen at issuance; no instruction warranted | District Court properly declined the instruction |
| Brady disclosure timing and prejudice claim | Untimely DFS reports violated Brady | No prejudice; documents available for cross; continuance offered | No reversible Brady error |
| Whether FOIA and FBI documents listing citizenship as 'United States' should have been admitted under Rule 403 | Documents relevant to citizenship | Cumulative and_confusing; risk of prejudice | Exclusion proper under Rule 403 |
| Whether government misconduct by stating passport was 'issued in error' warranted reversal | Estoppel due to prior statements | Not inconsistent because passport not revoked; issued in error separate | No misconduct; positions not inconsistent |
Key Cases Cited
- Magnuson v. Baker, 911 F.2d 330 (9th Cir. 1990) (passport has same force as certificate of naturalization/citizenship)
- Edwards v. Bryson, 884 F. Supp. 2d 202 (E.D. Pa. 2012) (passport as conclusive proof of citizenship under § 2705)
- United States v. Clarke, 628 F. Supp. 2d 15 (D.D.C. 2009) (passport evidence of citizenship subject to § 2705 limitations)
- Vana v. Att’y Gen. of U.S., 341 Fed. Appx. 836 (3d Cir. 2009) (per curiam; passports treated as proof of citizenship in some contexts)
- In re Villanueva, 19 I. & N. Dec. 101 (B.I.A. 1984) (passport as conclusive proof of citizenship in immigration proceedings)
- Keil v. Triveline, 661 F.3d 981 (8th Cir. 2011) (passports as conclusive evidence of citizenship in administrative contexts)
- United States v. Bobb, 471 F.3d 491 (3d Cir. 2006) (plenary review of Rule 29 denials; standard of review for sufficiency)
- Lamie v. U.S. Trustee, 540 U.S. 526 (2004) (textual interpretation when plain language; no absurd result)