Andrew Mason Dvash-Banks et al v. Rex W. Tillerson et al

Filing 125

JUDGMENT by Judge John F. Walter. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT JUDGMENT is entered in this matter as follows: Judgment on the 8 U.S.C. 1503(a) claim is hereby entered for Plaintiffs for the reasons stated in the Court's Order. (MD JS-6, Case Terminated). (iv)

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NOTE CHANGES MADE BY COURT

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION (LOS ANGELES)

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ANDREW MASON DVASH9 BANKS AND E.J. D.-B.,
Plaintiffs,

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v.

12 THE UNITED STATES
DEPARTMENT OF STATE,
13 and THE HONORABLE
MICHAEL R. POMPEO,
14 Secretary of State,
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Defendants.

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Case No. 2:18-cv-00523-JFW-(JCx)
JUDGMENT

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Pursuant to the Court’s February 21, 2019 Order Granting in Part and

19 Denying in Part Plaintiffs’ Motion for Partial Summary Judgment and Order
20 Granting in Part and Denying in Part Defendants’ Motion for Partial Summary
21 Judgment ((“Order”) ECF No. 123),
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED

23 THAT JUDGMENT is entered in this matter as follows:
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(1) Judgment on the 8 U.S.C. § 1503(a) claim is hereby entered for

25 Plaintiffs for the reasons stated in the Court’s Order.
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(2) The Court declares that Ethan Jacob Dvash-Banks is a national

27 and citizen of the United States who acquired U.S. citizenship at birth by operation
28 of Section 301(g) of the Immigration and Nationality Act, 8 U.S.C. § 1401(g).
[PROPOSED] JUDGMENT

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(3) The Department of State is ordered to issue to E.J. a United States

2 passport as soon as is practicable but not later than 45 days from the date of entry
3 of this Judgment.
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(4) If E.J. and Andrew and Elad Dvash-Banks elect to apply in person

5 for a Consular Report of Birth Abroad (“CRBA”) for E.J. at the Toronto Consulate
6 General or any other Consular Office of the State Department outside of the United
7 States, the Department of State is ordered to issue to E.J. a CRBA as soon as
8 practicable but not later than 45 days from the date of the consular interview in
9 connection with that application.
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(5) The Dvash-Banks family will not be charged any additional fees

11 by the Department of State for obtaining the aforementioned passport or CRBA,
12 having already paid these fees to the Department of State for E.J.’s initial
13 applications, which were improperly denied.
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(6) Judgment is hereby entered in favor of Defendants with respect to

15 Plaintiffs’ Administrative Procedure Act claim.
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(7) Plaintiffs’ claim under the Due Process Clause of the Fifth

17 Amended is moot and is hereby dismissed with prejudice.
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(8) If any elements of any of the claims asserted in this action by any

19 party were not the subject of either summary judgment motion, the Court’s Order,
20 or this Judgment, they are similarly moot and are dismissed.
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(9) The Court retains jurisdiction to adjudicate any applications for

22 attorneys’ fees and costs as allowed by law. Plaintiffs may move this Court
23 separately for attorneys’ fees and costs.
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It is So Ordered.
Date: March 6, 2019

The Honorable John F. Walter
United States District Judge

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-1JUDGMENT

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Respectfully submitted,

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By: /s/ Alexa Lawson-Remer
Alexa Lawson-Remer (SBN 268855)
[e-mail]
SULLIVAN & CROMWELL LLP
1888 Century Park East, Suite 2100
Los Angeles, California 90067-1725
Telephone: [phone]
Facsimile: [phone]
Theodore Edelman (pro hac vice)
[e-mail]
Jessica Klein (pro hac vice)
[e-mail]
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, New York 10004-2498
Telephone: [phone]
Facsimile: [phone]

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Aaron C. Morris (pro hac vice)
[e-mail]
IMMIGRATION EQUALITY
40 Exchange Place, Suite 1300
New York, New York, 10005-2744
Telephone: [phone]

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ATTORNEYS FOR PLAINTIFFS

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-2JUDGMENT