Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Torres v. Pompeo

United States District Court, N.D. Oklahoma

February 12, 2019

IVAN TORRES, Plaintiff,
v.
MICHAEL R. POMPEO, Secretary of State of the United States, [1] Defendant.

          OPINION AND ORDER

          JOHN E. DOWDELL, UNITED STATES DISTRICT JUDGE.

         The 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.

         The 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.

         I. Findings of Fact

         1. The 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, Arizona.
i. On November 25, 2014, Defendant denied Mr. Torres' U.S. passport application.

         2. Ms. 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.