Case 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION JUAN GARCIA ABREGO § AKA Juan Gareia § PETITIONER/PLAINTIFF § § vs. § § JEH JOHNSON, Secretary of Homeland Security, § JOHN KERRY, Secretary of State, § DAVID LAKEY, Texas Department of State Health Services § UNITED STATES OF AMERICA, § RESPONDENTS/DEFENDANTS. § PUS AND COMPLAINT FOR ‘TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Petitioner/Plaintiff JUAN GARCIA ABREGO and files his Petition for Writ of Habeas Corpus under 28 USC §2241 and Complaint for Declaratory Judgment, under 8 USC §1503, 28 USC $1331 with 28 USC §2201, and secks a declaration clarifying his status as a U.S. citizen. Texas Delayed Certificate of Birth No. 100741 records the birth of Juan Garcia as having occurred on September 13, 1944, in La Paloma, Cameron County, Texas. It was filed on May 18, 1965 by Juan Garcia, himself, ‘A Mexican birth certificate stated that Juan Garcia was born on September 14, 1944, in EI Rancho, La Puerta, Matamoros, Mexico. It was filed in Mexico on July 9, 1945. On March 13, 2013 an administrative hearing was held and the Texas Department of State Health Services denied issuance of a certified copy of a birth certificate for Juan Garcia.Case 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 2 of 6 L JURISDICTION AND VENUE, i Citizen), and 28 U.S.C. §1331 with 28 U.S.C. §2201, Administrative Procedure and Declaratory Judgment Acts (in order to obtain declaratory relief), Mr. Garcia is currently detained serving a life sentence. IL THE PARTIES 2. Respondent JEH JOHNSON is the duly appointed and confirmed Secretary of the Department of Homeland Security, Respondent JOHN KERRY is the duly appointed Secretary of State of the United States. Respondent DAVID LAKEY is the duly appointed Texas Commissioner of the Department of State Health Services. All are sued in their official capacities only. The United States of America is also a named Defendant, MIL THE FACTS 3. Juan Garcia Abrego was bom on September 13, 1944, in El Rancho, La Puerta, Matamoros, Mexico. The birth certificate was filed in Mexico on July 9, 1945, (See Exhibit A). 4. A Texas Delayed Certificate of Birth No. 100741 indicates the birth of Juan Garcia as having occurred on September 13, 1944, in La Paloma, Cameron County, Texas. The Delayed Birth Certificate was filed on May 18, 1965 by Juan Garcia, himself, as shown in Exhibit B.Case 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 3 of 6 5. Several attempts were made with the Texas Department of State Health Services to apply for a copy of the birth record of Juan Garcia and the requests were denied. The reason for refusal was that the Texas office had received a Mexican Birth Record which stated that Juan Garcia was born at La Puerta Ranch, Matamoros, Mexico. (See Exhibit ©. 6. Anadministrative hearing was held on March 13, 2013, regarding the denial from the Texas State Registrar for issuing a certified copy of a birth certificate for Juan Garcia, due to information indicating that the certificate was false. The Texas Department of State Health Services found, generally, that (1) Texas Delayed Certificate of Birth No. 100741 recorded the birth of Juan Garcia as having occurred on September 13, 1944, in La Paloma, Cameron County, Texas. It was filed on May 18, 1965 by Juan Garcia himself; (2) A Mexican birth certificate indicated that Juan Garcia was born on September 13, 1944, in El] Rancho, La Puerta, Matamoros, Mexico. It was filed in Mexico on July 9, 1945; (3) The State Registrar received documents which indicated that Juan Garcia's information was false and the Texas office attached an addendum on July 20", 1993 to Juan Garcia’s delayed birth certificate; (4) That the evidence presented at the hearing established that Juan Garcia was not born in Texas but in Mexico. In addition, the delayed birth certificate was filed by Juan Garcia, himself, over two decades from his date of birth, His Mexican birth certificate was filed on a date much closer to Juan Garcia’s date of birth, making it more likely to show Juan Garcia’s place of birth. The Texas Department of Health Services decided not to issue a certified copy of the Texas birth record to Juan Garcia and not to remove the addendum attached to the record, (See Exhibit D).Case 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 4 of 6 IV. CAUSES OF ACTION A. DECLARATORY JUDGMENT 8. U.S.C. § 1503 WITH 28 U.S.C. §2201 7. Juan Garcia hereby incorporates by reference the allegations of paragraphs 1 through 6, above. 8. Juan Garcia seeks clarification of his status as a United States citizen and asks the ‘Court to declare him a United States citizen, under 8 U.S.C. §1503. B. DECLARATORY JUDGMENT 8, U.S.C. § 1331 WITH 28 U.S.C. §2201 9. Juan Gareia hereby incorporates by reference the allegations of paragraphs 1 through 6, above. 10. Juan Garcia seeks clarification of his status as a United States citizen and asks for a-declaration that he is a United States citizen based that there is a Texas Delayed Certificate of Birth. V. PRAYER FOR RELIEF Juan Garcia urges the Court to clarify his status as a United States citizen and asks the Court to issue a Delcaratory Judgment, declaring Juan Garcia as a United States citizen, Law Office of Fred A. Kowalski 902 E Madison Street Brownsville, TX 78520 956-544-1811 Fax: 956-504-3891 Lead AttorneyCase 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 5 of 6 By: (Si X FRED KOWALSKI Fed. Bar No. 25490 IGNACIO G. MARTINEZ, P.C. 1002 F. Taylor, St. Brownsville, Texas, 78520 (956) 504-2260 (956) 504-5988 Facsimile ‘Co-Counsel By: /S/__Ignacio G. Martinez IGNACIO G. MARTINEZ Fed. Bar No. 636949 VERIFICATION OF COUNSEL I, FRED KOWALSKI and IGNACIO MARTINEZ, hereby certify that I am familiar with the facts as stated above, and that they are true and correct to the best of my knowledge and belief. By: /S/_ Fred Kowalski FRED KOWALSKI By: /S/__Ignacio G. Martinez IGNACIO G. MARTINEZCase 1:14-cv-00159 Document 1 Filed in TXSD on 08/25/14 Page 6 of 6 VERIFICATION OF PETITIONER 1, Juan Garcia Abrego, also known as Juan Gatoia, hereby declare that 1 am presently in the United States serving a life sentence, and currently detained at USP Florence ADMAX in Florence, Colorado, I also dectare that the facts as stated above are ‘rue and correct to the best of my knowledge and belief.Case 1:14-cv-00159 Document 1-1 Filed in TXSD on 08/25/14 Page 1 of 3 EXHIBIT "A"Case 1:14-cv-00159 Document 1-1 Filed in TXSD on 08/25/14 Page 2 of 3 ¢ ( TRANSLATION OF MEXICAN BIRTH CERTIFICATE patemen__']— = (A445. : vocation EL Rancho La Puede Meataneos My, NAME ONRECORD Lan Garcia Morea ' pagoromrm A= 13-194 . nuctorsmm Et Rarchs ha Poerta, Matananes, 1K RELATIONSHIP OF PERSON WHO FILED BIRTH RECORD. : ratuzr_FY| boi no Gareta mora __E st+ela Protege (OT. NOTATIONS. DATE ISSUED, ala. 1993MATAMOROS SE ENCUENTRA ASENTADA UN ACTA LEVANTADA POR EL C. OFICIAl) GIL Gil. QUE CONTIENE LOS SIGWIENTES DATOS : ACTA DE NACIMIENTO OFC: BRO No. 6 LUGAR DEL REGISTRO: MATAMOROS, TAMAULIPAS HOMBRE JUAN GARCIA ABREGO FECHA DE NACIMIENTO: 13/09/1944 02:00 a De mecanTO : R. LA PUERTA ESTE MPIO.. . CERIFICADO WACNIENTO: = ‘NOMBRE DEL PADRE. ALBINO GARCIA C. [NOMBRE DE Ls AUDRE : ESTELA ABREGO HORA DE HACIANENTO : ACTA No. 1136 OP: ~ FECHA DE REGISTRO: O9/OT/N94S COMPARECIO : . PADRE NACIONALIDAD : MEXICANA ACIONALIOAD MEXICANA SE EXTIENDE ESTA CERTIFICACION, EN CUMPLIMIENTO DEL ARTICULO 31 DEL CODIGO CIVIL VIGENTE DEL ESTADO DE TAMAULIPAS, EM MATAMOROS A LOS 20 DIAS DEL MES DE JUNIO DEL 2013. DOY FE. sauooa sesso ctCase 1:14-cv-00159 Document 1-2 Filed in TXSD on 08/25/14 Page 1 of 2 EXHIBIT "'B"SSEsees ees or fee OG patceeitg, Texas pea [uae lestetn sbrege ino Gaveta Signing cnet Pe Sette asco Sep fbag zeit featgta Isa. tele see hin ceria SEL eee es — —! 7 reiting, PUR Ri Translated by Hector ascos, N. P., Cameron Co., Texas. i 1 ge, (Ses lee ie a — = Tia aoe AD. 76 RA, COUNTY CLERK WNT, TEXAS 8 _ 1 March JOE 6. RIVE eins eH Doris &. Martinal DAY OF BY BELATED RECORDS CERTIFY THAT THE ABO 27 58095 TH, CERTIFICATE. OF