The Fifth Circuit has affirmed the dismissal of a citizenship action brought by a man who claimed that he was born in Laredo, Texas. The Department of State had repeatedly denied his passport applications based on concerns about his birth records, including a suspicious birth attendant and a conflicting Mexican birth certificate.
The Court held that the plaintiff’s claim under 8 USC 1503(a) was time-barred because the five-year limitations period began with the first final passport denial, not with later reapplications. The Court also held that the APA and mandamus claims were barred because section 1503(a) provided the exclusive adequate remedy, and affirmed dismissal of the constitutional claims.
The full text of Cortez v. Rubio can be found here: https://www.ca5.uscourts.gov/opinions/pub/25/25-20339-CV0.pdf