Carlos Sandoval v. Rex Tillerson, Secretary, U.S.

Case: 17-40454 Document: 00514220279 Page: 1 Date Filed: 11/01/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-40454 FILED Summary Calendar November 1, 2017 Lyle W. Cayce Clerk JUAN GERARDO SANDOVAL-LOPEZ, Petitioner - Appellant v. REX W. TILLERSON, SECRETARY, U.S. DEPARTMENT OF STATE; UNITED STATES OF AMERICA, Respondents - Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CV-273 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* Juan Gerardo Sandoval-Lopez (“Lopez”) 1 appeals the dismissal of his claim under 8 U.S.C. § 1503(a) relating to the denial of a United States passport on the grounds that the court lacked subject matter jurisdiction to * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Carlos Sandoval, the father of Lopez, was also a named appellant when this appeal was filed. He passed away on June 28, 2017, and therefore is no longer an appellant. See Walker v. Warden, U.S. Penitentiary, 593 F.2d 21 (5th Cir. 1979) (per curiam). Case: 17-40454 Document: 00514220279 Page: 2 Date Filed: 11/01/2017 No. 17-40454 hear the claim. Further, Lopez appeals the dismissal of his claims for relief under habeas corpus for a violation of federal due process and under the Administrative Procedure Act (“APA”) on the grounds that the court lacked subject matter jurisdiction. For the reasons explained below, we AFFIRM. I. Background Lopez, who was born in Mexico, claims derivative United States citizenship through the United States citizenship of his father, Carlos Sandoval (“Sandoval”). See 8 U.S.C. § 1401(g). Sandoval’s United States citizenship was in question at the time of his death and merits a brief discussion in connection with the removal proceedings previously initiated against him and Lopez. Sandoval was born in May 1940, with one birth certificate indicating he was born in Linares, Nuevo León, Mexico, and another, delayed certificate of birth indicating he was born in Rio Hondo, Texas. Sandoval was living in Mexico when he married and had children, and around 1980, he came to the United States for work. Upon receipt of the delayed certificate of birth indicating Sandoval’s birth in Texas, he received a social security card and United States passport, among other documents. Around 1991, Sandoval retained counsel to apply for immigrant visas and adjustment of status for his family, including Lopez, who had joined him in the United States. After an investigation of Sandoval’s citizenship claims, removal proceedings were initiated, and on May 26, 1995, an immigration judge (“IJ”) in Miami issued an Order to Show Cause and Notice of Hearing to Sandoval. Ultimately , an order of removal was issued in absentia against both Sandoval and Lopez. There is no indication, nor does Lopez argue, that any appeal was made of these orders. In 1998, Lopez presented a false United States birth ...

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