Sabangan
Sabangan v. Powell
Opinion
Lead Opinion
Noonan, J.
Jacinto A. Sabangan, Jr., and Esther Hae Jin Sohn appeal the judgment of the district court against them in their suit against Colin Powell, Secretary of State, to establish that they are citizens of the United States and so entitled to United States passports. Reading section 1 of the Fourteenth Amendment as applied to the Commonwealth of the Northern Mariana Islands (the CNMI) by the Covenant between the CNMI and the United States, (the Covenant), Act of Mar. 24, 1976, Pub.L. No. 94-241, 90 Stat. 263, reprinted in 48 U.S.C. § 1801 , we conclude that Sa-bangan and Sohn are citizens of the United States. We reverse the judgment of the district court and remand.
FACTS AND PROCEEDINGS
The Covenant, section 501(a) became effective January 9, 1978. Sohn was born December 12, 1982. Sabangan was born November 30, 1983. Both Sohn and Sa-bangan were born in the CNMI.
June 16, 1999, the State Department rejected Sabangan’s claim of citizenship and application for a United States passport. August 26, 2002, Sohn’s claim and application were similarly rejected. September 5, 2002, Sabangan and Sohn began this action in the district court, seeking a declaration that they were citizens of the…