Omar v. Kerry et al

Filing 92

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Jacqueline Scott Corley on November 13, 2017. (jsclc2, COURT STAFF) (Filed on 11/13/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MOSED SHAYE OMAR, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.15-cv-01760-JSC ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT v. JOHN KERRY, et al., Re: Dkt. Nos. 80, &, 81 Defendants. 12 13 This lawsuit asks whether the United States government may revoke a United States 14 citizen’s passport issued in the name the citizen was naturalized under based on the allegation that 15 the citizen’s “true identity” is a different name. That is, has the government met its burden to 16 show fraud in obtaining a passport when the citizen applied for the passport in the name he has 17 lived under since 1978 and that same allegedly fraudulently name is the name on his certificate of 18 naturalization (which has not been cancelled), driver’s license, social security card, and tax 19 returns, among other documents identifying the citizen’s name. Because the answer is no, the 20 government’s revocation of Plaintiff Mosed Shaye Omar’s passport was arbitrary and capricious. 21 The Court therefore GRANTS Plaintiff’s cross-motion for summary judgment, reverses the 22 passport revocation, and DENIES Defendant’s cross-motion for summary judgment. The Court 23 will not remand this action to the State Department for yet another revocation hearing as the 24 revocation was improper as a legal matter. A reasoned order will follow. 25 26 IT IS SO ORDERED. Dated: November 13, 2017 27 28 JACQUELINE SCOTT CORLEY United States Magistrate Judge

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