Kuper

ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANT

I. Overview

Plaintiff Gustav Horacio Kuper (“Plaintiff’) filed a Complaint against Defendant Mary C. Mulrean, Acting Director of the United States Immigration and Naturalization Service (“Defendant”) praying for declaratory judgment that Plaintiff is a citizen of the United States and as such is entitled to the issuance and possession of a Certificate of Citizenship and reasonable attorney fees. On October 1, 2001, Plaintiff moved for summary judgment, claiming that Plaintiffs father was a U.S. citizen in 1958 when Plaintiff was born and thus Plaintiff received U.S. citizenship at birth. On October 15, 2001, Defendant filed an opposition to Plaintiffs motion for summary judgment, and Plaintiff filed a reply to Defendant’s opposition on October 29, 2001.

On April 22, 2002, the parties presented oral arguments on Plaintiffs motion for summary judgment. At the hearing, the Court made a sua sponte motion for summary judgment on behalf of Defendant. Defendant filed a brief in support of the Court’s motion for summary judgment on April 30, 2002. Plaintiff filed an opposition on May 14, 2002, and Defendant filed a reply on May 20, 2002.…