United States Second Circuit

Summary judgment for plaintiff and order that the government return to plaintiff, his Consular Report of Birth Abroad of a Citizen of the United States (CRBA),which serves as proof of U.S. citizenship, is reversed and remanded, where: 1) plaintiff is not entitled to documentary proof of U.S. citizenship, because he is indisputably not a U.S. citizen; 2) the application of 8 U.S.C. section 1504(a) in this matter, which permitted the Department of State to cancel passports and CRBAs, does not work an impermissible retroactive effect on plaintiff; and 3) while the equities in this matter weigh heavily in plaintiff's favor, well‐settled law does not allow the courts to provide the relief plaintiff seeks.

Appellate Information

• Decided 03/12/2014
• Published 03/12/2014

Judges

• POOLER

Court

• United States Second Circuit

Counsel