EPISODE · May 25, 2026 · 47 MIN
Cortez v. Rubio: Fifth Circuit Passport Denial Appeal
from Swear on the Stand · host Daniel W. Swear
This episode details a Fifth Circuit Court of Appeals decision regarding Hector Xavier Cortez, who sued the Department of State after his passport applications were repeatedly rejected. The government denied his requests because of a conflicting Mexican birth certificate and suspicions surrounding the medical attendant who recorded his Texas birth. The court ultimately dismissed his claims, ruling that his primary legal challenge was time-barred by a five-year statute of limitations. Additionally, the judges determined that alternative legal pathways, such as the Administrative Procedure Act, were unavailable because specific statutes already provided a remedy. The ruling concludes that Cortez failed to prove his right to citizenship or provide sufficient evidence to overcome the administrative denials.
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Cortez v. Rubio: Fifth Circuit Passport Denial Appeal
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