John McGill v. Attorney General United States, et al

Filing

NOT PRECEDENTIAL PER CURIAM OPINION Coram: MCKEE, VANASKIE and SCIRICA, Circuit Judges. Total Pages: 4. ALD-108. The motion to reopen his appeal and motion to proceed in forma pauperis are granted. McGill must pay the full filing fee in installments. The Clerk shall issue an order addressing payment of the fee.

Case: 17-2219

Document: 003112966329

Page: 1

ALD-108

Date Filed: 06/26/2018

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 17-2219
___________
JOHN MCGILL,
Appellant
v.
ATTORNEY GENERAL UNITED STATES OF AMERICA;
UNITED STATES OF AMERICA
____________________________________
On Appeal from the United States District Court
for the District of New Jersey
(D.N.J. Civil Action No. 2-15-cv-00031)
District Judge: Honorable Susan D. Wigenton
____________________________________

Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
January 25, 2018
Before: MCKEE, VANASKIE, and SCIRICA, Circuit Judges
(Opinion filed: June 26, 2018)
OPINION *
PER CURIAM

*

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.

Case: 17-2219

Document: 003112966329

Page: 2

Date Filed: 06/26/2018

John McGill, a New Jersey state prisoner proceeding pro se, appeals an order of
the United States District Court for the District of New Jersey dismissing his complaint
seeking a declaratory judgment. We will affirm the judgment of the District Court. 1
McGill filed a complaint pursuant to 8 U.S.C. § 1503(a) and 28 U.S.C. § 2201
against the Attorney General of the United States and the United States. McGill alleged
that United States Citizenship and Immigration Services (“USCIS”) denied his
application for a certificate of citizenship after he was unable to provide his birth
certificate and other documents. McGill sought a declaratory judgment that he is a
United States citizen and that he is entitled to a certificate of citizenship. He attached to
his complaint the decisions he received from USCIS and incorporated them therein.
The District Court sua sponte dismissed the complaint, stating that McGill sought
relief that was beyond the jurisdiction of the court. On appeal, we vacated the District
Court’s order. Noting that the District Court had not provided legal reasoning for its
ruling, we concluded that the District Court had jurisdiction to consider the merits of
McGill’s complaint under 8 U.S.C. § 1503(a) and the Declaratory Judgment Act, 28
U.S.C. § 2201. McGill v. Att’y Gen., 623 F. App’x 49 (3d Cir. 2015) (per curiam) (nonprecedential).

1

McGill’s motion to reopen his appeal and motion to proceed in forma pauperis are
granted. McGill must pay the full filing fee in installments. The Clerk shall issue an
order addressing payment of the fee.
2

Case: 17-2219

Document: 003112966329

Page: 3

Date Filed: 06/26/2018

On remand, the defendants moved to dismiss the complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be
granted. The defendants asserted that McGill alleged that he is a United States citizen by
virtue of his birth in the United States and that certificates of citizenship may only be
granted to Americans who have derived or acquired citizenship through means other than
birth in the United States. The defendants also moved to dismiss the complaint for lack
of jurisdiction and argued that the facts alleged in McGill’s complaint did not satisfy 8
U.S.C. § 1503(a), which allows a declaratory judgment action where an agency denies a
right on the ground that the individual is not a United States citizen.
The District Court agreed with the defendants that McGill, who claims that he was
born in South Carolina, is not eligible to receive a certificate of citizenship and granted
the Rule 12(b)(6) motion. This appeal followed.
We have jurisdiction pursuant to 28 U.S.C. § 1291. Our standard of review is
plenary. In re Asbestos Products Liab. Litig. (No. VI), 822 F.3d 125, 131 (3d Cir. 2016).
Subject to certain exceptions, a person who claims a right or privilege as a United
States national that is denied upon the ground that he is not a United States national may
bring an action under 28 U.S.C. § 2201 for a judgment declaring him to be a United
States national. 8 U.S.C. § 1503(a). As noted above, we have ruled that the District
Court had jurisdiction to consider the merits of McGill’s complaint, which alleged that he
sought a certificate of citizenship and that a certificate was denied.

3

Case: 17-2219

Document: 003112966329

Page: 4

Date Filed: 06/26/2018

We agree with the District Court that, to the extent McGill seeks a declaration that
he is entitled to a certificate of citizenship from USCIS, he fails to state a claim for relief.
Certificates of citizenship are issued to persons who became citizens through
naturalization of a parent or husband or by virtue of statutes addressing the citizenship of
persons born outside the United States. See 8 U.S.C. § 1452. McGill states that he was
born in South Carolina and the statute does not provide for the issuance of a certificate of
citizenship to persons born in the United States. Based on this conclusion, it follows that
the District Court was not required to determine whether McGill is in fact a United States
citizen. Even accepting McGill’s allegations as true, the certificate that he seeks is
unavailable to him. 2
Accordingly, we will affirm the judgment of the District Court.

2

To the extent there is a question whether McGill exhausted his administrative remedies
before filing his declaratory judgment action, we do not consider this issue because the
District Court did not need to adjudicate McGill’s citizenship claim.
4