CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn

CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn

Hinojosa v. HornMajority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They separately challenged this determination by filing complaints in the United States District Court for the Southern District of Texas, raising similar claims under the habeas corpus statute, 28 U.S.C. § 2241, and the Administrative Procedure Act (“APA”), 5 U.S.C. § 702 et seq. Rejecting the Plaintiffs’ various arguments, the district court granted the Government’s motion to dismiss in each case. We AFFIRM both dismissals."

Dissent (Dennis) - "I respectfully dissent from the majority opinion’s decision to affirm the district court’s dismissal of Hinojosa and Villafranca’s APA claims. In my view, 8 U.S.C. § 1503(b)–(c) is not an adequate remedy for persons outside of the United States who do not seek admission to the country prior to a determination of citizenship. Hinojosa and Villafranca fall into that category of persons and should be entitled to APA review."