Cambranis v. Blinken, No. 20-50399 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of appellant's amended complaint for lack of subject matter jurisdiction. Appellant challenged the denial of his passport applications and sought a declaration of U.S. citizenship under 8 U.S.C. 1503(a). Appellant also brought a statutory claim under the Administrative Procedure Act (APA) and a constitutional claim under the Fifth Amendment. Appellant conceded in district court that the district court lacked subject matter jurisdiction to consider his first two claims (his section 1503(a) claim and his statutory APA claim), leaving only his constitutional claim, which the district court concluded that it lacked subject matter jurisdiction to consider.
The court held that Congress intended section 1503(a) to be the exclusive remedy for a person within the United States to seek a declaration of U.S. nationality following an agency or department's denial of a privilege or right of citizenship upon the ground that the person is not a U.S. national. Therefore, the "any other statute" proviso of section 702 maintains the United States' sovereign immunity against petitioner's constitutional claim because the statute of limitations contained in section 1503(a) has run and thus expressly forbids the relief sought.