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