Xia v. Tillerson, No. 16-5010 (D.C. Cir. 2017)Annotate this Case
After USCIS discovered that an employee had illegally issued nearly 200 certificates of naturalization to individuals who had not satisfied the requirements to become U.S. citizens, the government canceled certificates of naturalization to individuals, including plaintiffs here, without seeking a court order. The State Department then administratively revoked or refused to renew their passports. The D.C. Circuit affirmed the dismissal of plaintiffs' claims that the government's revocations of their certificates of naturalization and their passports violated the Immigration and Nationality Act and due process because they took place through administrative rather than judicial process; affirmed the dismissal of their claims of ethnicity or national origin discrimination; and reversed insofar as the district court held that any plaintiff was barred by failure to exhaust administrative remedies from challenging under the Administrative Procedure Act the government's failure to afford plaintiffs the review the law requires, and pursuing 8 U.S.C. 1503 claims in the correct venues. Accordingly, the court remanded in part.