OPINION AND ORDER Plaintiff Peter Belegrinos has brought this pro se action against the United States (“the Government”) to obtain a declaration that he has lost his United States citizenship and an order directing that he be deported from the United States to Greece. (Dkt. No. 20 (“AC”) at 16.) The Government has moved to dismiss Belegrinos’s operative Amended Complaint. (Dkt. No. 24.) For the reasons that follow, the motion to dismiss is granted.I. BackgroundThe following factual allegations are taken from Belegrinos’s Amended Complaint and exhibits attached thereto, and are assumed to be true for the purposes of deciding the instant motion.Belegrinos is a citizen of the United States by birth. (AC 40.) In 2006, he moved to Greece and applied for Greek citizenship, with the intention of renouncing his U.S. citizenship. (AC. 42.) His naturalization application was approved by Greece, and he became a Greek citizen on March 9, 2006. (AC 44.)In July 2012, however, Belegrinos was extradited to the United States from Holland on a New York state criminal charge of attempted sexual abuse in the first degree. (AC
56, 60; Ex. D.1) In November 2012, he pleaded guilty to the charge and was sentenced to a two-year term of imprisonment and a five-year term of parole. (AC 60; Ex. N.) After the completion of his prison term, his parole expired on February 15, 2018. (Id.) Belegrinos alleges that he is not able to leave the United States due to restrictions placed by a Strict and Intensive Supervision and Treatment Order (“SIST Order”) issued under the New York Mental Hygiene Law, N.Y. Mental Hyg. Law, §10.11. (AC 30; Ex. OO.)In early 2014, Belegrinos, through his counsel Robinson Iglesias, requested a certificate of loss of nationality (“CLN”) from the United States Department of State (“State Department”). (AC 8; Ex. W.) In a letter dated March 21, 2014, Belegrinos admitted that he “did not follow the formalities required by the Immigration and Nationality Act in 2006 by appearing in person before a U.S. consular or diplomatic officer, in a foreign country, and signing an oath of renunciation,” but he requested that the State Department “consider his voluntary action to apply for Greek citizenship with the intention of relinquishing his U.S. citizenship along with the documents attached [to the letter] as basis for granting his loss of U.S. nationality.” (Ex. W at 93.2) In support of his position, Belegrinos attached, among other documents, a “Request for Determination of Possible Loss of United States Citizenship” (“Form DS-4079″) (Ex. W at 95-99) and a “Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishment of U.S. Nationality” (“Form DS-4081″) (Ex. W at 101-02).On April 21, 2014, a State Department official wrote back to Iglesias, informing him that, to comply with the Immigration and Nationality Act (“INA”), 8 U.S.C. §§1101-1537, the State Department could not approve Belegrinos’s CLN application until it had received a “written opinion of a consular or diplomatic officer assigned to a U.S. embassy or consulate abroad” that Belegrinos had voluntarily expatriated himself. (Ex. Z.) Therefore, the State Department official returned Belegrinos’s application materials and recommended that he make an appointment with a U.S. embassy or consulate abroad. (Id.) Iglesias relayed the State Department’s response to Belegrinos and advised him that he would request reconsideration but that Belegrinos would in any event be able to make the expatriation request at a U.S. consulate office following his release from New York state custody. (Ex. AA.)Thereafter, Iglesias wrote another letter dated July 24, 2014, to the State Department inquiring into Belegrinos’s expatriation. (See Ex. BB.) In response, another State Department official told Iglesias that the State Department did not have any record of Belegrinos’s expatriation, and that Belegrinos should contact U.S. Citizenship and Immigration Services (“USCIS”) if he intended to “renounc[e] his citizenship in the United States pursuant to INA Section 349(a)(6),” the statutory vehicle for renouncing one’s citizenship from within the United States. (Id.; see also AC
