Plaintiff is contesting Bern Embassy’s rejection of his CLN application due to his not having appeared in person at the embassy and his having been issued a passport after the relinquishing act
Plaintiff is contesting the rejection of his CLN application. He applied for it, alleging he had relinquished his citizenship in 2004 by naturalising in a foreign country with the intention to relinquish his US citizenship.
Defendant (Department of State) rejected his CLN application on the basis that he had not appeared in person – he did it by sending a letter, along with a DS-4079 and DS-4081, to the US Embassy in Switzerland – and that a passport had been issued to him in 2013.
A little background: Plaintiff did not apply for the passport. The US government applied for it in order as part of extradition proceedings on a charge of child sexual exploitation. He was convicted of that charge, so he could not appear in person at a diplomatic post to apply for the CLN.
The Defendant (Department of State) filed a Motion to Dismiss, contending that the case did not meet the requirement for judicial review because they (DoS) had not taken “final agency action.” That means basically a final decision, as a final decision by a department is required in order for a plaintiff to seek judicial review.
The Judge dismissed Defendant’s motion and agreed with Plaintiff’s that final agency action had been taken.
The Plaintiff is raising other points in case, including the allegation that DoS has exceeded statutory jurisdiction by requiring an in-person appearance at a diplomatic post in order to apply for a CLN.
You can view the case docket at this link. (It lists the documents as they are filed, but unfortunately to see the documents you have a subscription.)
Thanks to Phyllis Henderson for alerting us to this case. She wrote in a comment on the Renunciation Questions Thread:
“Not relevant to purpleflower’s question, but interesting: it turns out there has been a recent case in which (if I understand correctly), a Swiss citizen who was born in the US got extradited to the US – on a US passport which was obtained in his name without his consent, not by him but by the US – solely so that they could take him back to the US and imprison him in America.
Subsequently the prisoner wrote to the Swiss Embassy to apply for a CLN on the basis that when he naturalised he intended to lose US citizenship, and believed that he had lost citizenship, and had never acted as an American since naturalising. Now he wanted a CLN, so that he would become deportable and thus be able to leave America. But the Embassy refused – on the grounds that he couldn’t apply for a CLN while he was in America. Catch-22.
But maybe not. Looks like he might eventually get his CLN, as the court has rejected the Embassy’s motion to dismiss.
US renunciation law is a mess.”
It hasn’t been finally settled yet”