Opinion
Civil Action No. 1:21-cv-00075
2023-07-18
Maria Del Rosario ROSALES RODRIGUEZ, "Plaintiff," v. Antony J. BLINKEN, Secretary of State, "Defendant".
Jaime M. Diez, Jones and Crane, Brownsville, TX, for Plaintiff. Nancy Lynn Masso, Baltazar Salazar, Office of U.S. Attorney, Brownsville, TX, for Defendant.
Jaime M. Diez, Jones and Crane, Brownsville, TX, for Plaintiff. Nancy Lynn Masso, Baltazar Salazar, Office of U.S. Attorney, Brownsville, TX, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW Rolando Olvera, United States District Judge
Plaintiff sued Secretary of State Antony Blinken for declaratory relief granting her United States citizenship under 8 U.S.C. § 1503. Upon due consideration of the entire record, including the evidence, the testimony of witnesses, and the parties' arguments, the Court makes these findings of facts and conclusions of law under Federal Rule of Civil Procedure 52(a).
If any findings of fact constitute conclusions of law (and vice versa), they are adopted as such. See Tri-Tron Int'l v. Velto, 525 F.2d 432, 435 (9th Cir. 1975) (noting "a finding or conclusion" is evaluated "in its true light, regardless of the label" placed on it by a district court); see also Smith v. United States, 727 F. Supp. 2d 533, 535 n. 1 (E.D. Tex. 2010); 9C Charles Alan Wright & Arthur R. Miller, Federal Practice, and Procedure § 2579 (2021 3d ed.).
I. FINDINGS OF FACT
Plaintiff's mother, Flora Rodriguez de Rosales, ("Mother") and Plaintiffs father, Rafael Rosales ("Father") were Mexican citizens, who lived in Ejido San Francisco, Tamaulipas, Mexico ("Mexico") at the time of Plaintiff's birth. See Transcript Maria Del Rosario Rosales Rodriguez v. Antony Blinken (No. 1:21-cv-00075);. They had seven children together, including Plaintiff. Until 2016, Mother stated five of her seven children were Mexican citizens, including Plaintiff. D. Exh. 7.
Neither party requested an official transcript. Unless otherwise noted, all facts derive from the unofficial transcript and evidence admitted at trial.
On November 5, 1992, Plaintiff was baptized at Saint Francis Xavier Catholic Church in La Feria, Texas. P. Exh. 3. Her baptismal certificate states she was born in La Feria, Texas. Id. Plaintiff never obtained an American birth certificate; Plaintiff only has a Mexican birth certificate, registered by Mother on July 25, 1972, which states Plaintiff was born in Estacion Ramirez, Matamoros, Tamaulipas on August 4, 1956. P. Exh. 4.
On July 20, 2017, Plaintiff applied for a passport. On September 27, 2018, Plaintiff's passport application was denied. P. Exh. 10.
Mother is now deceased. P. Exh. 8.
II. CONCLUSIONS OF LAW
Title 8 § 1503(a) of the United States Code applies in this cause of action, as the trial was a de novo determination of Plaintiff's citizenship. Vance v. Terrazas, 444 U.S. 252, 256, 100 S.Ct. 540, 62 L.Ed.2d 461 (1980). Section 1503(a) allows any person within the United States denied a right or privilege as a national of the United States, based on non-nationality, to file a declaratory judgment action for a determination of United States citizenship. 8 U.S.C. § 1503(a).
Plaintiff has the burden of proving, by a preponderance of the evidence, that she is a United States citizen. De Vargas v. Brownell, 251 F.2d 869, 870-71 (5th Cir. 1958). To establish a fact by the preponderance of the evidence, Plaintiff must show that the existence of that fact is more likely than not. Herman & MacLean v. Huddleston, 459 U.S. 375, 390, 103 S.Ct. 683, 74 L.Ed.2d 548 (1983). As the finder of fact in a bench trial, the Court is charged with "[c]redibility determinations, the weighing of evidence and inferences drawn from the facts." Ritzer v. T.L. James Const., Inc., 149 F.3d 1173 (5th Cir. 1998).
A foreign birth certificate that contains accurate corroborating details, such as names and addresses, holds greater credibility in a case under statute governing proceedings for declaration of United States nationality. Immigration and Nationality Act § 360, 8 U.S.C.A. § 1503(a). Garcia v. Limon, 542 F. Supp. 3d 577 (S.D. Tex. 2021). Baptismal certificates, medical records, and school records constitute evidence of an individual's birthplace, but courts consider such documents as "secondary evidence". De La Cruz v. Clinton, No. A-11-CV-675-AWA, 2012 WL 1941373, at *2 (W.D. Tex. May 29, 2012); Nelson v. Clinton, 2012 WL 13035405, at *2 (S.D. Tex. Feb. 7, 2012). Garcia v. Limon, 542 F. Supp. 3d 577, 583 (S.D. Tex. 2021).
The Court finds that Plaintiff's baptismal record does not determine that Plaintiff was born in the United States. Plaintiff's Mexican birth certificate correctly states Plaintiff's name, correctly states Plaintiff's parents' and grandparents' information, contains Mother's signature, and was witnessed by two witnesses, one being German Rodriguez, Plaintiff's uncle ("Uncle"). D. Exh. 1. Alternatively, the original baptismal record contained errors about family information, specifically, the original name for the person baptized was "Rosario Rosales" and later modified to include "Maria Del". D. Exh. 8. The original records also listed the original name of parents as "Rafael Rodriguez" and "Flora Ramirez" which were later modified; Father's last name was scratched out and replaced with "Rosales" and Mother's was replaced with "Rodriguez". Id. Further, Plaintiff's Mexican birth certificate (P. Exh. 4), the Texas birth certificate of Jose Guadalupe Moreno, Plaintiff's son("Son"), (D. Exh. 5), and Mother's 1997 N-400 Application (D. Exh. 7) all state Plaintiff was born in Mexico—directly contradicting the baptismal record. For these reasons the Court finds that Plaintiff's baptismal record is not reliable proof that Plaintiff was born in Texas.
Plaintiff, Son, Plaintiffs sister, Florestela Rosales Rodriguez ("Sister"), and Plaintiff's brother, Rigoberto Rosales ("Brother"), were testifying witnesses for Plaintiff. The Court may consider testimonial evidence in a § 1503 proceeding. See, e.g., Patel v. Rice, 403 F. Supp. 2d 560, 565-66 (N.D. Tex. 2005). Testifying witnesses without personal knowledge about the subject of their testimony are generally less reliable than those with personal knowledge. See Cisneros Gonzalez v. United States, et al., No. 1:12-cv-88, Docket No. 31 at 3-6, 2013 WL 12482167 (S.D. Tex. Mar. 25, 2013).
Plaintiff and Son both testified they did not know Plaintiff was born and baptized in La Feria, Texas, until 2016, when Plaintiff's Mother told them. Before 2016, they both believed Plaintiff was born in Mexico. Testifying witnesses without personal knowledge about the subject of their testimony are generally less reliable than those with personal knowledge. See Cisneros Gonzalez v. United States, et al., No. 1:12-cv-88, Docket No. 31 at 3-6, 2013 WL 12482167 (S.D. Tex. Mar. 25, 2013). Although Plaintiff's and Son's statements are credible enough to suggest that Plaintiff's Mother told them Plaintiff was born in the United States, without personal knowledge of Plaintiff's birth, their testimony is ultimately not enough for Plaintiff to satisfy her burden.
Brother testified that Mother told him Plaintiff was born in Mexico and never told him Plaintiff was born in La Feria, Texas. Brother said he was aware only he and Sister Florestela were American citizens. Brother also stated he filled out Mother's 1997 Application of Naturalization and wrote Plaintiff's citizenship as Mexican because Mother instructed him. Sister testified she did not know where Plaintiff was born, and she does not remember Mother telling her that she and Plaintiff were baptized in the same church.
Given the conflicting documentation and testimony presented, the Court cannot determine whether Plaintiff was born in the United States or Mexico. Thus, Plaintiff did not prove by a preponderance of the evidence that she was born in the United States and therefore failed to establish she is a United States citizen. A final judgment will be set forth in a separate document.