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Hadwan v. U.S. Dep't of State

Failure of 'Bivens' Claims Against Special Agent at U.S. Embassy in Yemen Explained

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MEMORANDUM & ORDER   Defendants move to dismiss the claims against Defendant Special Agent David Howell of the Diplomatic Security Service within the United States Department of State (“Agent Howell”) in this Administrative Procedures Act (“APA”), Declaratory Judgment Act, and Bivens action. For the reasons that follow, the claims against Agent Howell are dismissed. BACKGROUND Hadwan was born in Yemen but acquired United States citizenship at birth because his father — Hamoud Hadwan — was a United States citizen. (Third Am. Compl., ECF No. 81 (“Compl.”), 21.) In June 2013, Hadwan travelled to Yemen to apply for immigration benefits for his family. (Compl. 25.) While at the United States Embassy in Sana’a, Yemen (the “Embassy”), Agent Howell interrogated Hadwan and purportedly coerced him to sign a statement affirming that Hamoud Hadwan was not his biological father. (Compl.

28-31.) As a result of that statement, Embassy officials confiscated his passport. (Compl. 25.) In March 2014, the Department of State revoked Hadwan’s passport on the grounds that it was fraudulently obtained. (Compl. 37.) The Department of State then conducted a revocation hearing in the United States, but because Hadwan was denied a limited validity passport, he was unable to attend. (Compl.

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