United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
suit under the Administrative Procedure Act
(“APA”), 5 U.S.C. § 701 et seq.,
Qarwash Mohsn Awad challenges the State Department's
revocation of his United States passport. Now before the
court are the parties' cross-motions for summary
judgment. Docs. 23, 38. Defendants' motion is denied, and
Awad's motion is granted.
facts are drawn from the administrative record. Doc. 27;
see Little Co. of Mary Hosp. v. Sebelius, 587 F.3d
849, 856 (7th Cir. 2009) (“As a general rule, under the
APA, review of an agency's decision is confined to the
administrative record to determine whether, based on the
information presented to the administrative agency, the
agency's decision is arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with the
law.”); Cronin v. U.S. Dep't of Agric.,
919 F.2d 439, 444 (7th Cir. 1990) (“Confining the
district court to the record compiled by the administrative
agency rests on practical considerations that deserve
respect.”). The relevant background also includes facts
on which the parties agree and, because summary judgment is
granted against Defendants, facts asserted by Defendants.
Finally, while the court denied Awad's motion to expand
the administrative record, Doc. 63, that ruling merits no
further discussion because Awad prevails on the
administrative record without regard to the supplemental
materials that he submitted.
was born in Yemen on October 25, 1984. Doc. 27 at 14; Doc. 39
at ¶ 4. He was admitted to the United States as a
permanent resident on October 2, 2000, as the child of a
United States citizen, his father. Doc. 39 at ¶ 10. Awad
later was issued a judicial certificate of citizenship in the
name “Qarwash Mohsn Awad.” Doc. 17 at ¶ 5.
He applied for a United States passport in the name
“Qarwash Mohsn Awad” in 2002, and applied for and
received a renewed passport in 2011 under the same name. Doc.
27 at 6, 14-15. In the box labeled “OTHER NAMES YOU
HAVE USED, ” Awad responded “NON” in his
2002 application and “Saleh” in his 2011
application. Id. at 4, 14.
2006, Awad's father filed a visa petition on behalf of
Awad's sister, whose first name is Zuhour. Doc. 39 at
¶ 12. On September 8, 2012, Zuhour met with Diplomatic
Security Special Agent David Howell at the United States
Embassy in Sana'a, Yemen. Id. at ¶ 14. The
meeting yielded a sworn statement by Zuhour, signed by Zuhour
and Howell. Doc. 27 at 7-8. The statement reads, in pertinent
My true and correct name is Zuhour Attaf Saleh KURWASH.
… My father, Attaf Saleh KURWASH, immigrated to the
United States under the assumed name Mohsen Saleh AWAD. My
father filed an immigrant visa petition on my behalf under
the fake/assumed name Zuhour Mohsen Saleh AWADH. I obtained a
Yemen passport … under the fake/assumed name Zuhour
Mohsen Saleh AWADH, in support of my petition. I lied to the
Consular Officer during my visa interview, claiming that my
true name was Zuhour Mohsen Saleh AWADH.
Id. at 7. The statement does not name or otherwise
refer to Awad.
on Zuhour's statement, the State Department initiated a
passport fraud investigation of Awad's father; the case
title is “AWAD, Mohsen Saleh.” Id. at 9.
The investigation resulted in an IMS Report of Investigation,
dated February 24, 2013, which focused primarily on
Awad's father's immigration history and Zuhour's
statement to Howell. Id. at 9-13. The Report
referenced Awad in the following paragraphs:
A search in CCD/IVIS [(Consular Consolidated
Database/Immigrant Visa Information System)] Case by
Petitioner reveals that Subject [Awad's father] filed
Immigrant Visa petitions for Bakil Mohsen AWAD [another of
Awad's siblings] and Qarwash Mohsen AWAD [Plaintiff]
… in 1996. … Subject filed all of the petitions
under his fraudulent identity and used fraudulent identities
for his children in order to conform to Arabic naming
Qarwash Attaf Saleh KARWASH aka Qarwash Mohsen AWAD
[Plaintiff] … entered the United States on 10/02/2000
as the child of a U.S. citizen …. Qarwash naturalized
as a U.S. citizen on 02/07/2002. On 05/27/2011, Qarwash
submitted a U.S. Passport Renewal Application (DS-82) at the
Chicago Passport Agency and subsequently received [a U.S.
passport and passport card] under his false name of Qarwash
Mohsn Awad …. A search … shows that Qarwash
filed Immigrant Visa petitions for [his wife and two
children]. Qarwash's petitions for his children were
filed under his fake identity.
Id. at 10-11.
administrative record contains two internal State Department
communications. The first, an email sent on January 16, 2015,
states: “Please see the attached revocation request for
… Qarwash Awad. His father's passport was revoked
earlier this week using the same ...