Harris v. Department of Homeland Security

18 F. Supp. 3d 1349, 2014 WL 1823289
CourtDistrict Court, S.D. Florida
DecidedMay 8, 2014
DocketCase No. 13-61243-CIV
StatusPublished
Cited by5 cases

This text of 18 F. Supp. 3d 1349 (Harris v. Department of Homeland Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Department of Homeland Security, 18 F. Supp. 3d 1349, 2014 WL 1823289 (S.D. Fla. 2014).

Opinion

ORDER GRANTING MOTION TO DISMISS

ROBIN S. ROSENBAUM, District Judge.

This matter is before the Court upon Defendants’ Motion to Dismiss [D.E. 27]. [1352]*1352The Court has reviewed the Motion, all supporting and opposing filings, and the record in this case and is otherwise fully-advised in the premises. For the reasons that follow, the Court now grants Defendants’ Motion to Dismiss.

I. BACKGROUND

Plaintiff Raymond Harris brings an action against Defendants United States of America, Department of Homeland Security, United States Citizenship and Immigration Services (“USCIS”), Janet Napoli-tano, Alejandro Mayorkas, Linda Swacina, and Eric H. Holder, Jr. ECF No. 19 at 1-2, ¶¶ 2-5. Harris seeks a declaratory judgment under 28 U.S.C. § 2201 (Count I) and review of an adverse agency action under 5 U.S.C. § 70S (Count II). Id. at 7-9, ¶¶ 34-43. In addition, Harris brings a claim for violation of his right to equal protection under the law under 42 U.S.C. § 1983 and the Fifth and Fourteenth Amendments (Count III). Id. at 9-10, ¶¶ 44-48. Ultimately, Harris asks this Court to overturn USCIS’s decision denying him citizenship. Id.

Harris was born out of wedlock in Kingston, Jamaica, on June 6,1996, to Winsome Mullings and Winston Harris. ECF No. 19 at 3, ¶ 12. On August 14, 2008, when Harris was twelve years old, his father became a naturalized United States citizen. Id. at 3, ¶ 14. After filing the appropriate forms and interviewing at the United States Embassy and Consulate in Kingston, Harris was admitted to the United States as a lawful permanent resident on August 1, 2010, under the custody of his father. Id. at 4, ¶¶ 15-17. Harris then sought to become a United States citizen under the provisions of the Child Citizenship Act of 2000, 8 U.S.C. §§ 1431 et seq. (“CCA”).1 Id. at 4, ¶ 18. In furtherance of this goal, on September 26, 2011, Harris filed a form N-600, Application for Certificate of Citizenship, with the United States Department of State. Id.

The Field Office Director denied Harris’s application because, although Harris technically met the requirements under the CCA at 8 U.S.C. § 1431(a), he did not qualify as a “child” as defined by the Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq. (“INA”). Id. at 4, ¶ 20. The denial clarified that Harris purportedly had not been “legitimated” by his unmarried parents and, therefore, did not meet the definition of a “child” under the INA.2 Id. at ¶ 28.

[1353]*1353On August 23, 2012, Harris filed a form I-290B, Notice of Appeal or Motion, with a Motion to Reopen and a Motion to Reconsider. Id. at 4, ¶21. The Deputy Field Office Director issued a decision on October 16, 2012, denying Harris’s motion to reopen his N-600 application. Id. at 4, ¶22. Harris continues to reside in Bro-ward County in the custody of his father. Id. at 1, ¶ 1.'

Harris maintains that because all conditions precedent to acquiring United States citizenship through his father have occurred, his N-600 application was improperly denied. Id. at 6, ¶¶31, 32. Harris further contends that he has been denied rights and privileges claimed as a United States citizen within the meaning of 8 U.S.C. § 1503 and seeks a declaration that he is indeed a United States citizen. Id. at 7, ¶¶35, 37. In addition, Harris asserts that the denial of his N-600 application was arbitrary, capricious, and contrary to law within the meaning of the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. (“APA”), and that his equal-protection rights have been violated. Id. at 8, 10, ¶¶ 43, 47.

II. ANALYSIS

In their Motion to Dismiss, Defendants argue that this Court lacks jurisdiction over Harris’s 8 U.S.C. § 1503 claim because Harris has not exhausted his administrative remedies in that he failed to appeal his N-600 denial to USCIS’s Administrative Appeals Office (“AAO”).3 ECF No. 27 at 5-7. With regard to Harris’s declaratory-judgment claim, Defendants assert that the exhaustion requirement is jurisdictional and may not be waived. As for the equal-protection claim, Defendants contend that the doctrine of prudential exhaustion should require Harris to first pursue his claim with the AAO. Id. at 7. Finally, Defendants assert that Harris has failed to state a claim under the Administrative Procedure Act.4 Id. at 9.

A. Declaratory Judgment (Count I)

Harris’s first count seeks a declaration under the Declaratory Judgment Act, 28 [1354]*1354U.S.C. § 2201, that he is a United States citizen within the meaning of 8 U.S.C. § 1503(a). ECF No. 19 at 7-8, ¶¶ 34-41. Section 1503(a) specifically provides that a person denied a declaration of United States nationality may initiate a proceeding under the Declaratory Judgment Act for a judgment declaring him to be a national of the United States. 8 U.S.C. § 1503(a).

The Declaratory Judgment Act “does not, of itself, confer jurisdiction upon the courts; a suit brought under the Act must state some independent source of jurisdiction, such as the existence of diversity or the presentation of a federal question.” Borden v. Katzman, 881 F.2d 1035, 1037 (11th Cir.1989) (citing Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 70 S.Ct. 876, 94 L.Ed. 1194 (1950)). Thus, an independent basis for jurisdiction must exist for the Court to review Harris’s claim for declaratory judgment.

Defendants contend that this Court lacks jurisdiction because Harris was required to further pursue administrative action in the form of an appeal to the AAO before he could properly bring suit in federal court. According to Defendants, only after exhaustion of the AAO process may an alien seek a declaration of citizenship in a district court. Section 1503(a) governs “[proceedings for declarations of United States nationality” and states, in relevant part,

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Bluebook (online)
18 F. Supp. 3d 1349, 2014 WL 1823289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-department-of-homeland-security-flsd-2014.