United States District Court, N.D. Oklahoma
OPINION AND ORDER
E. DOWDELL, UNITED STATES DISTRICT JUDGE.
plaintiff, Ivan Torres, initiated this action pursuant to 8
U.S.C. § 1503(a) to challenge the United States
Department of State's decision to deny his application
for a United States passport. Torres seeks a declaration from
this Court that he is a United States citizen and is entitled
to a United States passport. He also seeks injunctive relief
in the form of an order directing Defendant to issue him a
United States passport forthwith.
Court conducted a bench trial and received the in-court
testimony of four witnesses: Gloria Gaona Lopez (“Ms.
Gaona”), Maria Fitzpatrick (“Ms.
Fitzpatrick”), Griselda Lopez-Duarte (“Ms.
Lopez-Duarte”), and the plaintiff Ivan Torres
(“Mr. Torres”). The Court admitted into evidence
Plaintiff's Exhibits (PX) 1 through 17 and
Defendant's Exhibits (DX) 1 through 12. (See Tr.
4). The Court also admitted into evidence the deposition
testimony of Pastor Victor Orta (Doc. 70-2). Pursuant to
Fed.R.Civ.P. 52(a), and upon consideration of the evidence
admitted at trial, including the demeanor and credibility of
the witnesses, the Court makes the following findings of
fact, by a preponderance of the evidence, and enters the
following conclusions of law.
Findings of Fact
parties have stipulated to the following facts (see
Doc. 67 at 2):
a. Mr. Torres is a resident of Oklahoma.
b. Mr. Torres was born on October 9, 1988.
c. Mr. Leobardo Torres Yañez (“Mr. Leobardo
Torres”) and Ms. Gaona are Mr. Torres' parents.
d. A Mexican birth certificate exists for Mr. Torres, which
was filed on April 6, 1989, in Guerrero, Mexico.
e. Ms. Gaona signed Mr. Torres' Mexican birth certificate
above her printed name.
f. Ms. Lopez-Duarte signed Mr. Torres' Mexican birth
certificate above her printed name.
g. Mr. Salvador Gana Sanchez signed Mr. Torres' Mexican
birth certificate above his printed name.
h. On June 10, 2013, Mr. Torres applied for a U.S. passport
at the defendant's Western Passport Center in Tucson,
i. On November 25, 2014, Defendant denied Mr. Torres'
U.S. passport application.
Gaona, Mr. Torres' mother, testified at trial that she
married Mr. Leobardo Torres in February of 1988 when she was
only sixteen years old. (Tr. 16). She then came to the United
States around March of 1988, approximately two weeks after
her husband left for ...