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HIZAM v. KERRY

No. 12-3810.

747 F.3d 102 (2014)

Abdo HIZAM, Plaintiff-Appellee, v. John KERRY, Secretary of State, United States Department of State; United States Department of State, United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2014.

Attorney(s) appearing for the Case

Shane P. Cargo , Assistant United States Attorney, Southern District of New York, ( Preet Bharara , United States Attorney, Benjamin H. Torrance , Assistant United States Attorney, on the brief) New York, NY, for Defendants-Appellants.

Meredythe M. Ryan , Ropes & Gray, LLP, ( Christopher P. Conniff , Ropes & Gray, LLP; Nancy Morawetz , Washington Square Legal Services, on the brief) New York, NY, for Plaintiff-Appellee.

Before: NEWMAN, POOLER, and LIVINGSTON, Circuit Judges.

POOLER, Circuit Judge:

Abdo Hizam was born in Yemen in October 1980. His father was a naturalized U.S. citizen. In 1990, his father submitted an application for a Consular Report of Birth Abroad ("CRBA") on Hizam's behalf, and the parties agree that the representations made in the application were truthful. The consular officer at the U.S. Embassy in Yemen issued Hizam a CRBA, which served as proof of his U.S. citizenship. Hizam moved to the United States when he...

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