UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JAMES E. WENNERSTEIN, : : Petitioner, : : v. : Civil Action No. 20-0152 (RC) : ALEJANDRO MAYORKAS, Secretary, : U.S. Department of Homeland Security, : : Respondent. : MEMORANDUM OPINION On January 13, 2020, James E. Wennerstein filed a Petition for Declaratory Judgment and Writ of Mandamus (ECF No. 1, “Pet.”), and on April 23, 2021, filed “Plaintiff’s Statement of Facts Providing Basis for Claims of Mandamus Relief” (ECF No. 37, “Statement”), construed as a more definite statement in response to the Court’s March 23, 2021, Order (ECF No. 35). This matter has come before the Court on: ▪ Respondent’s Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 41) with supporting memorandum (ECF No. 41-1, “Resp. Mem.”), declaration (ECF No. 41-2, “Young Decl.”), and statement of material facts (ECF No. 41-3, “SMF”); ▪ Petitioner’s Petition for Subpoena to Third Party for Production of Documents (ECF No. 43, “Pl.’s Mot.”), construed as a motion to take discovery pursuant to Federal Rule of Civil Procedure 56(d); ▪ Petitioner’s Response to Respondent’s Second Motion to Dismiss or in the Alternative, for Summary Judgment (ECF No. 45 at 1-14, “Opp’n”), which included a second motion for discovery (ECF No. 45 at 25-29); ▪ Combined [1] Reply in Further Support of Respondent’s Motion to Dismiss or, in the Alternative, for Summary Judgment; and [2] Notice of Mootness (ECF Nos. 49-50, “Reply”) and ▪ Petitioner’s Answer to Respondent’s Combined (1) Reply and (2) Notice of Mootness (ECF No. 51, “Surreply”). For the reasons discussed below, the Court DENIES respondent’s motion to dismiss or for summary judgment, DENIES petitioner’s motions for discovery, and DISMISSES the petition as moot. I. Renouncing Citizenship Under 8 U.S.C. § 1481(a)(6) Petitioner, who currently is incarcerated in at the East Arkansas Regional Unit of the Arkansas Department of Corrections in Marianna, Arkansas, wants to relinquish his United States nationality. In relevant part, the Immigration and Nationality Act provides: (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality . . . (6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense[.] 8 U.S.C. § 1481(a)(6). The authority of the Attorney General under 8 U.S.C. § 1481(a)(6) since has vested in the Secretary of Homeland Security. See Turner v. Beers, 5 F. Supp. 3d 115, 119 (D.D.C. 2013) (citing 6 U.S.C. § 557). A writ of mandamus “compel[s] an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. The …
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