Robert L. Magnuson, Personal Representative of Charles Vernon Myers v. James Baker, Secretary of State United States of America

The Secretary of State (the “Secretary”) appeals the district court’s summary judgment order which rejected the Secretary’s attempt to revoke the passport of Charles Vernon Myers (“Myers”). We affirm.

FACTS AND PROCEEDINGS

Myers was born in Canada in 1912. In the mid 1970’s, Myers fled Canada after Canadian authorities convicted him of tax evasion. Myers relocated in the United States.

On October 6, 1985, Myers applied to the State Department for a United States passport based on his claim that he was a United States citizen. To support his citizenship claim, Myers attached a ten-page statement and eighteen exhibits to his application. Myers based his claim on derivative citizenship; that is, his father was a naturalized citizen and therefore Myers was entitled to citizenship as his son. On November 26, 1985, a passport examiner for the Seattle Passport Agency rejected Myers’ application. Myers requested reconsideration of this determination and offered additional arguments why a passport should issue to him.

The Acting Regional Director of the Seattle Office (and the highest ranking officer of the Seattle passport office), Paul Bigelow, reviewed Myers’ reconsideration…