AdministrativeLaw DueProcess Immigration Privacy
FIRST ISSUE
THE QUESTIONS IN THIS ISSUE PERTAIN TO INTERNATIONAL CHILD
ABDUCTION, CUSTODY AFTER ABDUCTION AND THEREAFTER, FAILURE
OF THE U.S. DEPARTMENT OF STATE TO REISSUE PASSPORT DESTROYED
BY THE CHILD 'S MOTHER, A FOREIGN NATIONAL, WHO DESTROYED THE
PASSPORT TO PREVENT THE CHLD FROM RETURNING TO THE U.S.
1.
Should passport issue to Petitioner 's minor child under CFR 2012
Title 22 Vol.l §51-28, due exigency or special family circumstances, or,
under 8 FAM 502.5-2e(4) or 8 FAM 502.5-3d(4) where the child is
stranded in a foreign country noncompliant to the Convention, or, where
the child 's health, safety or welfare is at risk, or, because the mother has
abandoned the child, or, because the mother is not sustaining the family,
where she has refused to be guarantor on housing and refused to be
guarantor on Petitioner 's spouse visa?
2.
If the Court holds passport should issue, does the DOS ' failure to
reissue passport for more than two years, or, the DC courts ' failure to
order passport issuance, amount to arbitrary, or capricious abuses of
power or discretion that falls under the Administrative Procedures Act,
and, if so, should money damages be paid, including 161,000.00 USD
damages due loss of employment salary, and other monetary damages,
including legal fees, losses that would not have occurred, but for failure
of the DOS, or the DC courts, to act upon passport reissuance?
SECOND ISSUE
THE QUESTION PRESENTED IN THIS ISSUE PERTAINS TO PETITIONER 'S
WIFE 'S APPROVED VISA, SUBSEQUENTLY DENIED, AND LENGTHY
DELAYS IN FINALIZING THE MATTER, RESULTING IN THE WIFE FLEEING
TO JAPAN, AND ABDUCTING PETITIONER 'S CHILD IN THE PROCESS.
The question is, after paying fees in excess of 3500.00 USD to
process Petitioner 's wife 's visa, which was approved and then
subsequently denied months later, while awaiting final interview to be
scheduled by the DOS, which never was, does this amount to final
agency action that is arbitrary, or capricious abuses of power or
discretion, and if so, are their damages permitted under the
Administrative Procedures Act?
THIRD ISSUE
THE QUESTIONS PRESENTED IN THIS ISSUE PERTAIN TO
INA 301-309, AND THE U.S. DEPARTMENT OF STATE REFUSING
TO PROVIDE PETITIONER 'S U.S. CITIZEN CHILD CITIZENSHIP
DOCUMENTS, AFTER ALL RELEVANT FEES HAD BEEN PAID, AND
ALL RELEVANT DOCUMENTS PROVIDED.
1.
Under an unprecedented pandemic, and where Japan 's
government has issued a state of emergency, forbidding travel into
Tokyo, where the U.S. Embassy is located, is it permissible for the DOS
to demand the child be brought into Tokyo to be interviewed for CRBA
and Social Security Card issuance, and, if the child is not taken to the
Tokyo Embassy to be interviewed, even
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