Raquel Hinojosa v. Petra Horn

Case: 17-40077 Document: 00514463963 Page: 1 Date Filed: 05/08/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit Nos. 17-40077 & 17-40134 FILED May 8, 2018 Lyle W. Cayce RAQUEL HINOJOSA, also known as Raquel Flores Venegas, Clerk Plaintiff - Appellant v. PETRA HORN, Port Director, United States Customs and Border Protection; MIKE POMPEO, SECRETARY, U.S. DEPARTMENT OF STATE; KIRSTJEN M. NIELSEN, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY; UNITED STATES OF AMERICA, Defendants - Appellees and DENISSE VILLAFRANCA, Plaintiff - Appellant v. MIKE POMPEO, SECRETARY, U.S. DEPARTMENT OF STATE; UNITED STATES OF AMERICA; PETRA HORN, Customs and Border Protection Port Director, Brownsville, Texas; JONATHAN M. ROLBIN, Director, Legal Affairs and Law Enforcement Liaison, of the United States Department of State, Defendants - Appellees Appeals from the United States District Court for the Southern District of Texas USDC No. 1:16-CV-10 USDC No. 1:16-CV-155 Case: 17-40077 Document: 00514463963 Page: 2 Date Filed: 05/08/2018 Nos. 17-40077 & 17-40134 Before DENNIS, CLEMENT, and GRAVES, Circuit Judges. PER CURIAM:* Due to the similarity in the factual background and legal issues in these two cases, we resolve both in a single opinion. Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They separately challenged this determination by filing complaints in the United States District Court for the Southern District of Texas, raising similar claims under the habeas corpus statute, 28 U.S.C. § 2241, and the Administrative Procedure Act (“APA”), 5 U.S.C. § 702 et seq. Rejecting the Plaintiffs’ various arguments, the district court granted the Government’s motion to dismiss in each case. We AFFIRM both dismissals. I. Both Hinojosa and Villafranca claim they were born in Brownsville, Texas, and they have United States birth certificates supporting their claims. Both also have birth certificates issued by the Mexican government, which indicate they were born in Mexico—though Villafranca modified her Mexican birth certificate in 2010 to list Brownsville as her birthplace. Both were raised and spent much of their lives in Mexico, but are now seeking entry into the United States. Hinojosa applied for a U.S. passport in July 2015. Her application included documents tending to prove that the Mexican birth certificate was false. DOS was unpersuaded and denied her application in November 2015, * 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. 2 Case: 17-40077 Document: 00514463963 Page: 3 Date Filed: 05/08/2018 Nos. 17-40077 & 17-40134 finding that she had presented insufficient evidence to establish that she was born in the United States. Hinojosa sought immediate judicial review of this determination before the district court. In 2016, she traveled to a port of entry in Brownsville and filed a petition for a writ of habeas corpus, as well as a complaint for declaratory and injunctive ...

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