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Keywords

statuteappealcitizenshipstatute of limitations
statuteappealcitizenshipstatute of limitations

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Bensky v. Powell

Facts

The citizen voluntarily renounced his U.S. citizenship in 1964. The consular official who handled the matter forwarded a Certificate of Loss of Nationality to the State Department, which pro forma approved it. In 1985, the citizen filed an appeal with the State Department's Board of Appellate Review, seeking to revoke the Certificate and to reclaim his citizenship. The Board held that the claim was time-barred under former 22 C.F.R. 50.60; the citizen did not appeal the Board's decision. Three years later, the citizen asked the State Department to issue him a U.S. passport. He filed the suit within five years, after his request was denied, seeking a declaration that he remained a U.S. citizen. He claimed that although 1503 imposed a five year time limit for filing the suit, no final administrative denial of his citizenship claim occurred until his passport request was denied. The court disagreed. The five year statute of limitation for the citizen's 1503 suit began to run when the Board denied his appeal in 1985. The doctrine of laches also applied; it should not have taken the citizen 20 years to seriously pursue his claim that he had mistakenly renounced his citizenship.

The citizen voluntarily renounced his U.S. citizenship in 1964. The consular official who handled the matter forwarded a Certificate of Loss of Nationality to the State Department, which pro forma approved it. In 1985, the citizen filed an appeal with the State Department's Board of Appellate Review, seeking to revoke the Certificate and to reclaim his citizenship. The Board held that the claim was time-barred under former 22 C.F.R. 50.60; the citizen did not appeal the Board's decision. Three years later, the citizen asked the State Department to issue him a U.S. passport. He filed the suit within five years, after his request was denied, seeking a declaration that he remained a U.S. citizen. He claimed that although 1503 imposed a five year time limit for filing the suit, no final administrative denial of his citizenship claim occurred until his passport request was denied. The court disagreed. The five year statute of limitation for the citizen's 1503 suit began to run when the Board denied his appeal in 1985. The doctrine of laches also applied; it should not have taken the citizen 20 years to seriously pursue his claim that he had mistakenly renounced his citizenship.

Issue

Whether the statute of limitations for filing a suit under 8 U.S.C.S. 1503(a) began to run at the time of the Board's denial of the appeal in 1985 or at the time the passport request was denied.

Whether the statute of limitations for filing a suit under 8 U.S.C.S. 1503(a) began to run at the time of the Board's denial of the appeal in 1985 or at the time the passport request was denied.

Rule

The five year statute of limitations for a suit under 8 U.S.C. 1503(a) begins to run from the final administrative denial of a right or privilege as a national of the United States.

The five year statute of limitations for a suit under 8 U.S.C. 1503(a) begins to run from the final administrative denial of a right or privilege as a national of the United States.

Analysis

The court applied the rule by determining that the Board's denial of Bensky's appeal in 1985 constituted a final administrative denial, thus starting the five-year statute of limitations. The court noted that Bensky's claim was time-barred because he did not file his suit until after the expiration of this period. Additionally, the court found that the doctrine of laches applied, as Bensky had unreasonably delayed in pursuing his claim for nearly two decades.

The court applied the rule by determining that the Board's denial of Bensky's appeal in 1985 constituted a final administrative denial, thus starting the five-year statute of limitations. The court noted that Bensky's claim was time-barred because he did not file his suit until after the expiration of this period. Additionally, the court found that the doctrine of laches applied, as Bensky had unreasonably delayed in pursuing his claim for nearly two decades.

Conclusion

The court affirmed the district court's judgment, ruling that Bensky's suit was time-barred and that he had not timely pursued his claim.

The court affirmed the district court's judgment, ruling that Bensky's suit was time-barred and that he had not timely pursued his claim.

Who won?

The U.S. Secretary of State prevailed in the case because the court found that Bensky's claim was time-barred and that he had not acted promptly in seeking to reclaim his citizenship.

The U.S. Secretary of State prevailed in the case because the court found that Bensky's claim was time-barred and that he had not acted promptly in seeking to reclaim his citizenship.

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