22 CFR 51.40 - Burden of proof

Cite as22 CFR 51.40
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22 practice notes
  • Sabra v. Pompeo, No. 19-cv-2090 (EGS)
    • United States
    • U.S. District Court — District of Columbia
    • 9 Marzo 2020
    ...The Documentary EvidenceUnder the applicable regulations, the applicant bears the burden of proof that he or she is a U.S. citizen, 22 C.F.R. § 51.40, and "[t]he applicant must provide documentary evidence that he or she is a U.S. citizen or non-citizen national," id. § 51.41. For a person ......
  • Sanchez v. United States Sec'y of State Hillary Rodham Clinton, CIVIL ACTION NO. H-11-2084
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 24 Enero 2012
    ...burden of proving by a preponderance of the evidence through documentary evidence his or her United States citizenship or nationality(22 C.F.R. 51.40, 51.41). Because your birth record was filed by a birth attendant who the Department has reason to believe is not reliable, you were asked to......
  • Patel v. U.S. Dep't of State, 11-cv-6-wmc
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • 2 Agosto 2013
    ...In that respect, everyone who applies for a passport is required to present proof of identity and citizenship. See 22 C.F.R. §§ 51.23, 51.40-.41. Patel concedes that his passport application was denied because he failed to provide adequate proof of his identity in support of his passport ap......
  • Alonso v. Kerry, Civil Action No. 1:16-cv-0199
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 7 Febrero 2017
    ...the two requirements, addressing identity and nationality in two separate subsections. See 22 C.F.R. § 51.23 (identity); see also 22 C.F.R. §51.40 (nationality). Specifically, 22 C.F.R. § 51.23(a) states that an applicant "has the burden of establishing his or her identity," while 22 C.F.R.......
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23 cases
  • Sanchez v. United States Sec'y of State Hillary Rodham Clinton, CIVIL ACTION NO. H-11-2084
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 24 Enero 2012
    ...burden of proving by a preponderance of the evidence through documentary evidence his or her United States citizenship or nationality(22 C.F.R. 51.40, 51.41). Because your birth record was filed by a birth attendant who the Department has reason to believe is not reliable, you were asked to......
  • Sabra v. Pompeo, 19-cv-2090 (EGS)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 9 Marzo 2020
    ...The Documentary EvidenceUnder the applicable regulations, the applicant bears the burden of proof that he or she is a U.S. citizen, 22 C.F.R. § 51.40, and "[t]he applicant must provide documentary evidence that he or she is a U.S. citizen or non-citizen national," id. § 51.41. For a person ......
  • Patel v. U.S. Dep't of State, 11-cv-6-wmc
    • United States
    • United States District Courts. 7th Circuit. Western District of Wisconsin
    • 2 Agosto 2013
    ...In that respect, everyone who applies for a passport is required to present proof of identity and citizenship. See 22 C.F.R. §§ 51.23, 51.40-.41. Patel concedes that his passport application was denied because he failed to provide adequate proof of his identity in support of his passport ap......
  • Walker v. Tillerson, 1:17-CV-732
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • 7 Marzo 2018
    ...Walker to show that he is entitled to a passport. See 22 C.F.R. § 51.23 (applicant bears the burden of proof to establish identity); 22 C.F.R. § 51.40 (same for citizenship status). Mr. Walker has several times stated under oath—in connection with previous passport applications and applicat......
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