UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MOHAMMED SABRA, as next friend of Baby M, Plaintiff, v. No. 19-cv-2090 (EGS) MICHAEL POMPEO, in his REDACTED official capacity as Secretary of the United States Department of State Defendant. MEMORANDUM OPINION I. Introduction Plaintiff Mohammed B. Sabra (“Mr. Sabra”), a naturalized U.S. citizen and a California resident, brings this action as next friend of “Baby M” 1 against Defendant Michael Pompeo, in his official capacity as the Secretary of the United States Department of State (the “Secretary”). Mr. Sabra claims that his wife, Ponn M. Sabra (“Mrs. Sabra”), gave birth to their daughter, Baby M, in Gaza. Mr. Sabra contends that Baby M became a U.S. citizen at birth because both of her parents are U.S. citizens. Under 8 U.S.C. § 1401(c), a child born abroad acquires U.S. citizenship if both parents are U.S. citizens and one of 1 The Court shall refer to M.M.S., the minor in this case, as Baby M. See Fed. R. Civ. P. 5.2(a)(3); see also LCvR 5.4(f)(2). them has had a residence in the United States before the child’s birth. Congress granted the Secretary the authority to determine the citizenship of a person outside of the United States pursuant to 8 U.S.C. § 1104. In June 2019, Mrs. Sabra applied in person at the U.S. Embassy in Jerusalem (the “Embassy”) for a Consular Report of Birth Abroad (“CRBA”) and U.S. passport as proof of Baby M’s U.S. citizenship, citing a need for urgent medical treatment in the United States. Mrs. Sabra did not provide any travel plans for Baby M’s urgent medical care, and Baby M did not attend the in-person interview because she was hospitalized. Because Mrs. Sabra failed to provide written medical records to substantiate Baby M’s medical condition, the Embassy did not excuse Baby M’s personal appearance. Given Mrs. Sabra’s “advanced age,” the Embassy requested documentary evidence establishing that Mrs. Sabra was Baby M’s mother. Due to the indicia of fraud and inconsistencies in the submissions, the Embassy extended the deadline for the submission of additional evidence to establish Baby M’s claim to U.S. citizenship. Litigation ensued. After Baby M’s health became stable, Mr. and Mrs. Sabra declined the Embassy’s offer to apply in person with Baby M for the CRBA and U.S. passport. In October 2019, the Embassy denied Mrs. Sabra’s applications. 2 Seeking declaratory, mandamus, and injunctive relief (Counts I-III), Mr. Sabra claims that the supporting documentation establishes Baby M’s entitlement to U.S. citizenship. With respect to his request for a declaratory judgment (Count I), Mr. Sabra contends that the Embassy’s failure to issue the CRBA and U.S. passport constitutes a violation of Baby M’s fundamental rights to citizenship and travel under the Due Process Clause of the Fifth Amendment to the United States Constitution. Mr. Sabra asserts an alternative claim under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb et seq., claiming that the Embassy’s request for DNA testing and photographs showing Mrs. Sabra pregnant with ...
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