Marik

MEMORANDUM **

Appellant Bohumir J. Marik “Marik” is a naturalized citizen of the United States. When he was naturalized in 1976, his Czech citizenship was revoked. After becoming a citizen, Marik requested the assistance of the United States Secretary of State in regaining property confiscated by the government of Czechoslovakia, but his request was refused on the ground that he was not a citizen when his property was confiscated in 1972. In 1999, Marik filed a complaint in the district court, seeking “[a] declaratory judgment directing that ... [the] Secretary of State may not discriminate against ... [Marik] on the basis of his national origin in deciding whether to take jurisdiction and to espouse his claims for restitution of property wrongfully and illegally converted and held by The Czech Republic.... ” The Secretary of State moved to dismiss Marik’s complaint, and the district court granted the motion.

Marik argues to us that, in refusing to espouse his claim on the ground that he was not a U.S. citizen at the time his property was confiscated, the Secretary of State impermissibly discriminated against him on the basis of his national origin. He does not seek to compel…