Legal Question in Constitutional Law in California
Loss of US Citizenship without a hearing.
If you do not accept this plea, please suggest where I can take it, or briefly inform me of my error.
I was born at Glendale Physician's and Surgeon's Hospital on September 30, 1931. Since both parents were US citizens by birth, I was also a US citizen. I was a resident of California until May 1, 1959, when I flew to Europe. I have never been arrested in my life. Anywhere.
It is my intention to sue the US Government for an large sum, for loss of citizenship for 34 years. What is US Citizenship worth per year?
In Feb., 1968, the Danish US Embassy took my passport and stamped ''CANCELLED'' in it. There was no no hearing, no information, except that I was ''stateless''.
In 1999, I wrote the Stockholm, US Embassy, asking for my status. They forwarded this to the State Dempartment. After 29 months, the State Department wrote to the Stockholm Embassy and informed them that the US ''vacated'' the ''Notice of Loss of Citizenship'' and ordered the issuance of a US Passport to me, which they did in September, 2002.
Is this Civil Rights Law or Constitutional Law?
3 Answers from Attorneys
Re: Loss of US Citizenship without a hearing.
you certainly present a very interesting and unique case. there probably is not actual monetary value that you can place on "loss of US citizenship", however, you definitely appear to have strong remedies coming your way if you have all the proof and evidence needed to pursue your case in court. so if you would like additional legal assistance in this matter, feel free to email my office asap with how you would like to proceed, where you are currently located in california, and an explanation as to why you did not come forward with your case 30+ years ago. this information will help me further assess your case and strategy in seeking justice.
Re: Loss of US Citizenship without a hearing.
Cancelling a passport is not the same thing as revoking a citizenship. Many citizens don't have passports, and losing one (even if it is lost because an official incorrectly cancelled it) does not deprive the holder of citizenship.
Based on the limited facts you have provided, it sounds like the notice you received in 2002 was in error and that you never lost your citizenship at all. At most, it sounds like somebody who had no authority to take away your citizenship told you it had been done, but it almost certainly never actually was revoked.
Did anyone ever give you any indication between 1964 and 2002 that you were not a citizen? Were you deprived of any benefits of citizenship? Did you try to get another passport and, if so, were you turned down? Did you have any difficulty re-entering the U.S. after your passport was cancelled? Did the Embassy officials who cancelled it tell you why they were doing this?
Why were you in the embassy in Denmark in the first place? Were you in any kind of trouble, or did you perhaps believe there was a problem with your passport? And why did you contact the embassy in Sweden -- instead of the state department or the embassy in Denmark -- thirty years later for information?
Did you even believe you had lost your citizenship before you received the 2002 notice? It sounds to me like you had no reason to believe during the interveneing 34 years that you had lost anything more than your passport.
Wrongfully depriving you of your citizenship would be a serious matter, but cancelling your passport and then mistakenly telling you years later that you had lost your citizenship but that it had been restored sounds like a much less serious problem.
Your question doesn't provide nearly all the facts I would want to know, but it sounds like you first heard in 2002 that you had lost your citizenship -- but that the same notice also told you it had been restored. If you never really lost your citizenship at all and never had to live with even the mistaken belief that you were stateless (but only later had the mistaken belief that you *used to be* stateless), I'm not sure you would have a case.
Re: Loss of US Citizenship without a hearing.
I have never heard of such a thing. It sounds unbelievable. A person born in the US is a constitutional US citizen, even if the parents are not. A natural born US citizen cannot lawfully be stripped of citizenship except upon a conviction for treason. It certainly sounds like you may have a big lawsuit here. Please give me more specifics, particularly the details as to how and why they took your passport at the Denmark US embassy. Also, why did 31 years go by before you tried to get it back? Look forward to hearing from you.