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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOSED SHAYE OMAR,
Plaintiff,

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United States District Court
Northern District of California

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Case No.15-cv-01760-JSC
ORDER RE CROSS-MOTIONS FOR
SUMMARY JUDGMENT

v.
JOHN KERRY, et al.,

Re: Dkt. Nos. 80, &, 81

Defendants.

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This lawsuit asks whether the United States government may revoke a United States

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citizen’s passport issued in the name the citizen was naturalized under based on the allegation that

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the citizen’s “true identity” is a different name. That is, has the government met its burden to

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show fraud in obtaining a passport when the citizen applied for the passport in the name he has

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lived under since 1978 and that same allegedly fraudulently name is the name on his certificate of

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naturalization (which has not been cancelled), driver’s license, social security card, and tax

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returns, among other documents identifying the citizen’s name. Because the answer is no, the

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government’s revocation of Plaintiff Mosed Shaye Omar’s passport was arbitrary and capricious.

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The Court therefore GRANTS Plaintiff’s cross-motion for summary judgment, reverses the

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passport revocation, and DENIES Defendant’s cross-motion for summary judgment. The Court

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will not remand this action to the State Department for yet another revocation hearing as the

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revocation was improper as a legal matter. A reasoned order will follow.

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IT IS SO ORDERED.
Dated: November 13, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge