Jurisdiction(s):
United Kingdom

US ex-citizens seek US$1,900 refund; DC court probes sovereign immunity, APA scope, res judicata, and possible stay pending appeal and State Department rule on renunciation fee

Published on: 30 August 2024

Published by a Law360 reporter

Legal News

Article summary

During the roughly 90-minute hearing in Washington, DC, most of the time was spent testing the government’s assertion that it enjoys sovereign immunity from the claim. The Administrative Procedure Act (APA) removes that shield for certain types of claims, but US Department of Justice lawyer Cassandra Snyder argued that the former citizens are blocked from obtaining money damages under that law, even though they could seek specific monetary relief. Nevertheless, Snyder said, the claimants have not identified a statute that would entitle them to a defined refund of the sums they paid to surrender their citizenship. Instead, she said, 'Plaintiffs are asking this court to decide that US$1,900...is a fair refund'. US District Judge Carl J Nichols reflected more than once that the point was an 'odd question' in the sovereign immunity setting. He noted that, 'in a way', the plaintiffs are requesting a fixed amount—or a so‑called sum certain—from the government. The US$1,900 is the difference between the US$2,350 renunciation fee the US began imposing in 2014 and the US$450 the government charged from 2010 to 2014. The ex-citizens’ counsel, Noam Schreiber of Zell Aron & Co, contended that the claim sits within the APA’s remit in total...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...