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Holguín Soto v. Rodham-Clinton

609 F. Supp. 2d 207 (2009)

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Holguín Soto v. Rodham-Clinton

United States District Court for the District of Puerto Rico

609 F. Supp. 2d 207 (2009)

Facts

Dr. Jorge Holguín Soto (plaintiff) was born a United States citizen in 1955. In 1978, Holguín Soto applied for a Certificate of Mexican Nationality and swore allegiance to Mexico so that he could receive reduced tuition rates at the Mexican university he was attending. In doing so, Holguín Soto went before the United States Consulate in Mexico and renounced his United States citizenship. A Certified Loss of Nationality (CLN) was approved on March 23, 1982, although Holguín Soto claimed that he was not notified. Holguín Soto lived and worked in the United States. In 2007, Holguín Soto applied for a United States passport, but his application was denied. The passport agency determined that Soto ceased to be a United States citizen in 1982. The United States Department of State’s Office of Policy Review and Interagency Liaison upheld the denial. On August 8, 2008, Soto filed suit in the district of Puerto Rico seeking declaratory judgment and injunctive relief, including a request that the Secretary of State (defendant) issue him a passport. The Secretary of State filed a motion to dismiss, claiming, in part, that the claim was time-barred.

Rule of Law

Issue

Holding and Reasoning (Garcia Gregory, J.)

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