Summary
This Second Circuit opinion reverses a district court's grant of summary judgment in favor of the U.S. Department of State regarding the revocation of a U.S. citizen's Consular Report of Birth Abroad and passport. The court held that the State Department's decision was arbitrary and capricious under the Administrative Procedure Act because it failed to adequately consider the plaintiff's limited English literacy and the lack of a certified translation for his alleged confession statement. Additionally, the court found that the revocation violated the plaintiff's constitutional due process rights by restricting his right to travel without providing a meaningful opportunity to be heard.
Topics
Practice areas
Questions Presented
- Whether the State Department’s decision to uphold the revocation of Hadwan’s CRBA and passport was arbitrary and capricious in violation of the Administrative Procedure Act.
- Whether the State Department’s revocation of Hadwan’s CRBA and passport violated his procedural due‑process rights under the Fifth Amendment.
Holdings
- The decision was arbitrary and capricious because the agency failed to consider material, undisputed facts about Hadwan’s English‑language literacy that undermined the reliability of the confession statement.
- The revocation violated due process because Hadwan was denied a meaningful opportunity to be heard at a time and in a manner that would allow him to contest the revocation.
Key quotations
“We hold that the State Department erred in upholding the revocation of Hadwan’s documents in two ways.” (at 209)
“The State Department’s decision was arbitrary and capricious because it failed to adequately consider material, undisputed facts about Hadwan’s English language literacy.” (at 209)
Factual background
Hadwan, a natural‑born U.S. citizen born in Yemen, had his Consular Report of Birth Abroad (CRBA) and passport retained by the U.S. Embassy in Sana’a in 2013. The State Department later revoked both documents, alleging fraud. Hadwan was unable to attend the agency hearing because he was stranded in Yemen and was denied limited‑validity passports.
Procedural history
The district court granted summary judgment to the United States Department of State, finding the agency’s revocation was supported by the record. Hadwan appealed to the Second Circuit.
Remand instructions
The State Department is ordered to return Hadwan’s Consular Report of Birth Abroad and expired passport so that he may reapply for a new passport if he chooses.