Case: Tuaua v. United States of America

1:12-cv-01143 | U.S. District Court for the District of District of Columbia

Filed Date: July 10, 2012

Closed Date: 2015

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Case Summary

On July 10, 2012, a group of American Samoans and the Samoan Federation of America filed this lawsuit in the D.C. Circuit Court. They sued the U.S. Department of State under the Federal Declaratory Judgment Act of 1934. The plaintiffs, represented by the Constitutional Accountability Center, asked the court for both declaratory and injunctive relief. Specifically, the plaintiffs claimed that their classification as "non-citizen nationals" instead of U.S. citizens was forbidden by the Citizens…

The plaintiffs argued that American Samoa, as within the limits and subject to the jurisdiction of the United States, should fall under the Citizenship Clause, i.e. all individuals born in the region should be granted full U.S. citizenship. As of 2015, American Samoans were classified as "non-citizen nationals," a designation which denied them the right to vote, the right to serve on a jury, and the ability to hold certain public sector positions.

On June 26, 2013, the Court (Judge Richard L. Leon) granted the defendants' motion to dismiss the case on the grounds that it failed to state a claim. 951 F. Supp. 2d 88 (D.D.C. 2013). The plaintiffs appealed this dismissal. The Court of Appeals for the D.C. Circuit considered their case but ultimately affirmed the Circuit Court decision and ruled in favor of the defendants on June 5, 2015.

	Document
1:12-cv-01143	Docket	April 23, 2014	April 23, 2014 Docket
1 1:12-cv-01143	Complaint	July 10, 2012	July 10, 2012 Complaint
24 1:12-cv-01143	Memorandum Opinion	June 26, 2013	June 26, 2013 Order/Opinion 951 F.Supp.2d 88
1555940 13-05272	Opinion Tuaua v. United States U.S. Court of Appeals for the District of Columbia Circuit	June 5, 2015	June 5, 2015 Order/Opinion 788 F.3d 300

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...
Tuaua v. United States SCOTUSBlog	Issue: Whether the Citizenship Clause entitles persons born in American Samoa, a U.S. Territory, to birthright citizenship.	June 13, 2016	June 13, 2016 https://www.scotusblog.com/...
Tuaua v. United States Constitutional Accountability Center	On July 10, 2012, Constitutional Accountability Center filed Tuaua v. United States in the United States District Court for the District of Columbia, seeking to vindicate the Constitution’s guarantee…	Dec. 7, 2012	Dec. 7, 2012 https://www.theusconstitution.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 350 receipt number 0090-2997713) filed by SAMOAN FEDERATION OF AMERICA, INC., FANUATANU FAUESALA LIFA MAMEA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, LENEUOTI FIAFIA TUAUA, EMY FIATALA AFALAVA. (Attachments: # (1) Exhibit EXHIBIT A, # (2) Civil Cover Sheet, # (3) Summons, # (4) Summons, # (5) Summons, # (6) Summons, # (7) Summons)(Hussain, Murad) 1 Exhibit EXHIBIT A View on PACER 2 Civil Cover Sheet View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	July 10, 2012	July 10, 2012 RECAP
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAMOAN FEDERATION OF AMERICA, INC. (Hussain, Murad)	July 10, 2012	July 10, 2012 PACER
	Case Assigned to Judge Richard J. Leon. (mmh) (Entered: 07/11/2012)	July 10, 2012	July 10, 2012
3	Electronic Summons (4) Issued as to HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Consent Notices)(ls, )	July 11, 2012	July 11, 2012 PACER
4	STANDING ORDER. Signed by Judge Richard J. Leon on 7/17/2012. (lcrjl1)	July 17, 2012	July 17, 2012 PACER
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HILLARY RODHAM CLINTON served on 7/19/2012; JANICE JACOBS served on 7/19/2012; U.S. DEPARTMENT OF STATE served on 7/19/2012; UNITED STATES OF AMERICA served on 7/19/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/19/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/19/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 9/17/2012.) (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Hussain, Murad)	Aug. 1, 2012	Aug. 1, 2012 PACER
6	Consent MOTION for Extension of Time to File Answer re [1] Complaint, by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # (1) Text of Proposed Order)(Kelly, Wynne)	Sept. 14, 2012	Sept. 14, 2012 PACER
7	Consent MOTION for Extension of Time to File Answer re [1] Complaint, by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # (1) Text of Proposed Order)(Kelly, Wynne)	Oct. 16, 2012	Oct. 16, 2012 PACER
8	Consent MOTION for Extension of Time to File Answer re [1] Complaint, Due to Hurricane Sandy by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # (1) Text of Proposed Order)(Kelly, Wynne)	Oct. 31, 2012	Oct. 31, 2012 PACER
9	MOTION to Dismiss Plaintiffs' Complaint by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # (1) Text of Proposed Order)(Kelly, Wynne)	Nov. 7, 2012	Nov. 7, 2012 PACER
10	MOTION for Leave to File AMICUS CURIAE by ENI F.H. FALEOMAVAEGA (Attachments: # (1) Proposed Amicus Brief, # (2) Text of Proposed Order)(rdj)	Nov. 8, 2012	Nov. 8, 2012 PACER
11	NOTICE OF NON-OPPOSITION TO THE MOTION OF THE HONORABLE ENI F.H. FALEOMAVAEGA FOR LEAVE TO APPEAR AS AMICUS CURIAE by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA re [10] MOTION for Leave to File (Hussain, Murad)	Nov. 13, 2012	Nov. 13, 2012 PACER
12	AMICUS BRIEF by ENI F.H. FALEOMAVAEGA. (znmw, )	Nov. 15, 2012	Nov. 15, 2012 RECAP
	MINUTE ORDER granting 10 Motion for Leave to File Amicus Curiae. It is hereby ORDERED that the motion is GRANTED and that the Brief of the Honorable Eni F.H. Faleomavaega as Amicus Curiae in Support of Defendants is accepted as ﬁled with the Court. Signed by Judge Richard J. Leon on 11/15/12. (lcrjl1) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012
13	Joint MOTION for Briefing Schedule (Joint Motion to Revise Existing Filing Deadlines and Set a Briefing Schedule) by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA (Hussain, Murad)	Nov. 19, 2012	Nov. 19, 2012 PACER
	MINUTE ORDER : Setting a Status Conference set for 11/30/2012 02:30 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. (tb, ) (Entered: 11/20/2012)	Nov. 20, 2012	Nov. 20, 2012
14	NOTICE of Appearance by Judith Ellen Schaeffer on behalf of All Plaintiffs (Schaeffer, Judith)	Nov. 28, 2012	Nov. 28, 2012 PACER
15	NOTICE of Appearance by Robert J. Katerberg on behalf of All Plaintiffs (Katerberg, Robert)	Nov. 29, 2012	Nov. 29, 2012 PACER
16	NOTICE of Appearance by Neil C. Weare on behalf of All Plaintiffs (Weare, Neil)	Nov. 29, 2012	Nov. 29, 2012 PACER
17	NOTICE of Appearance by Elizabeth Bonnie Wydra on behalf of All Plaintiffs (Wydra, Elizabeth)	Nov. 29, 2012	Nov. 29, 2012 PACER
	Minute Entry for proceedings held before Judge Richard J. Leon. Status Conference held on 11/30/2012. Joint MOTION for Brieﬁng Schedule 13 - DENIED. Plaintiff's Brief due by 12/7/2012. Defendant's Reply due by 12/12/2012. Status Conference set for 12/17/2012 02:30 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter Patty Gels.) (kc ) Modiﬁed on 12/4/2012 (kc ). (Entered: 11/30/2012)	Nov. 30, 2012	Nov. 30, 2012
18	Memorandum in opposition to re [9] MOTION to Dismiss Plaintiffs' Complaint filed by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA. (Attachments: # (1) Text of Proposed Order)(Hussain, Murad)	Dec. 7, 2012	Dec. 7, 2012 PACER
19	CERTIFICATE OF SERVICE by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA re [18] Memorandum in Opposition, on Counsel for Amicus Curiae. (Hussain, Murad)	Dec. 7, 2012	Dec. 7, 2012 PACER
20	REPLY to opposition to motion re [9] MOTION to Dismiss Plaintiffs' Complaint filed by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA. (Kelly, Wynne)	Dec. 12, 2012	Dec. 12, 2012 RECAP
21	REPLY to opposition to motion re [9] MOTION to Dismiss Plaintiffs' Complaint by Amicus Curiae filed by ENI F.H. FALEOMAVAEGA. (Williams, Michael)	Dec. 12, 2012	Dec. 12, 2012 PACER
22	NOTICE of Appearance by Michael F. Williams on behalf of ENI F.H. FALEOMAVAEGA (Williams, Michael) (Main Document 22 replaced on 12/14/2012) (znmw, ).	Dec. 13, 2012	Dec. 13, 2012 PACER
	Minute Entry for proceedings held before Judge Richard J. Leon: Oral Argument Hearing held on 12/17/2012. The Court takes matter under advisement. (Court Reporter Patty Gels.) (kc) (Entered: 12/17/2012)	Dec. 17, 2012	Dec. 17, 2012
23	MOTION to Intervene as a Defendant by AMERICAN SAMOA GOVERNMENT (Attachments: # (1) Text of Proposed Order)(znmw, ) 1 Text of Proposed Order View on PACER	June 25, 2013	June 25, 2013 RECAP
24	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 6/26/2013. (kc )	June 26, 2013	June 26, 2013 RECAP
25	ORDER, For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants' Motion to Dismiss Plaintiffs' Complaint [9] is GRANTED; and it is further ORDERED that plaintiffs' complaint is dismissed. SO ORDERED. Signed by Judge Richard J. Leon on 6/26/2013. (see order) (kc )	June 26, 2013	June 26, 2013 RECAP
	MINUTE ORDER denying as moot 23 Motion to Intervene as a Defendant. In light of the 25 Order dismissing plaintiffs' complaint, it is hereby ORDERED that the Motion to Intervene as a Defendant is DENIED as moot. Signed by Judge Richard J. Leon on 6/26/13. (lcrjl1) (Entered: 06/26/2013)	June 26, 2013	June 26, 2013
26	NOTICE OF APPEAL TO DC CIRCUIT COURT as to [25] Order on Motion to Dismiss, by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA. Filing fee $ 455, receipt number 0090-3442951. Fee Status: Fee Paid. Parties have been notified. (Hussain, Murad)	Aug. 23, 2013	Aug. 23, 2013 PACER
27	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re [26] Notice of Appeal to DC Circuit Court,. (znmw, )	Aug. 26, 2013	Aug. 26, 2013 PACER
	USCA Case Number 13-5272 for 26 Notice of Appeal to DC Circuit Court, ﬁled by FANUATANU FAUESALA LIFA MAMEA, VA'ALEAMA TOVIA FOSI, EMY FIATALA AFALAVA, TAFFY-LEI T. MAENE, LENEUOTI FIAFIA TUAUA, SAMOAN FEDERATION OF AMERICA, INC.. (jf, ) (Entered: 09/09/2013)	Sept. 9, 2013	Sept. 9, 2013
28	TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on 12/17/12; Date of Issuance:4/22/14. Court Reporter/Transcriber Patty Gels, Telephone number 202-354-3236, Court Reporter Email Address : Patty_Gels@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 5/14/2014. Redacted Transcript Deadline set for 5/24/2014. Release of Transcript Restriction set for 7/22/2014.(Gels, Patty)	April 23, 2014	April 23, 2014 PACER
29	USCA Mandate	Oct. 16, 2015	Oct. 16, 2015 PACER
	6 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 09/14/2012)
	MINUTE ORDER granting 6 Consent Motion for Extension of Time to File Answer. It is hereby ORDERED that defendants shall have up to and including October 17, 2012 to respond to plaintiffs' complaint. Signed by Judge Richard J. Leon on 9/17/12. (lcrjl1) (Entered: 09/17/2012)
	7 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/16/2012)
	MINUTE ORDER granting nunc pro tunc 7 Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint. It is hereby ORDERED that the motion is GRANTED nunc pro tunc and that defendants shall have up to and including October 31, 2012 to respond to plaintiffs' complaint. Signed by Judge Richard J. Leon on 10/19/12. (lcrjl1) (Entered: 10/19/2012)
	Set/Reset Deadlines: defendants response/answer to complaint due by 10/31/2012. (kc ) (Entered: 10/22/2012)
	8 Consent MOTION for Extension of Time to File Answer re 1 Complaint, Due to Hurricane Sandy by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/31/2012)
	MINUTE ORDER granting nunc pro tunc 8 Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED nunc pro tunc and that defendants shall have up to and including November 7, 2012 to respond to plaintiffs' complaint. Signed by Judge Richard J. Leon on 11/7/12. (lcrjl1) (Entered: 11/07/2012)
	9 MOTION to Dismiss Plaintiffs' Complaint by HILLARY RODHAM CLINTON, JANICE JACOBS, U.S. DEPARTMENT OF STATE, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 11/07/2012)
	10 MOTION for Leave to File AMICUS CURIAE by ENI F.H. FALEOMAVAEGA (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(rdj) (Entered: 11/09/2012)
	https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?111903198488507-L_1_0-1 11 NOTICE OF NON-OPPOSITION TO THE MOTION OF THE HONORABLE ENI F.H. FALEOMAVAEGA FOR LEAVE TO APPEAR AS AMICUS CURIAE by EMY FIATALA AFALAVA, VA'ALEAMA TOVIA FOSI, TAFFY-LEI T. MAENE, FANUATANU FAUESALA LIFA MAMEA, SAMOAN FEDERATION OF AMERICA, INC., LENEUOTI FIAFIA TUAUA re 10 MOTION for Leave to File (Hussain, Murad) (Entered: 11/13/2012)

Case: Tuaua v. United States of America

1:12-cv-01143 | U.S. District Court for the District of District of Columbia

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