Alver v. Winter ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
GUALBERTO ALVER, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1384 (JR)
)
DONALD C. WINTER, )
Secretary of the Navy, )
)
Defendant. )
)
MEMORANDUM OPINION
This matter is before the Court on defendant’s motion to
dismiss.
Plaintiff’s formal employment discrimination claim against
the Department of the Navy was dismissed as untimely, and the
United States Equal Employment Opportunity Commission (“EEOC”)
affirmed the decision on administrative appeal. See Compl.,
Attach. (December 21, 2006 EEOC Denial, Appeal No. 01A54689) at
1-2. On reconsideration of its initial decision, the EEOC also
rejected plaintiff’s argument that, “based on his citizenship, he
is entitled to protection under the discrimination statutes.”
Id. at 1.
Plaintiff alleges that he is a dual citizen of the
Philippines and of the United States because he was born in 1933
in the Philippine Islands when the Philippine Islands were a
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United States territory. Compl. at 6. In this action, plaintiff
asks the Court to “confirm[] [his] having been born a US citizen”
such that the United States Navy “allow[s] [him] to have access
under [Title VII].” Id. at 7.
In Licudine v. Winter, 603 F. Supp. 2d 129 (D.D.C. 2009),
this Court held that a person who, like plaintiff, was born in
the Philippine Islands when the Philippines was a United States
territory is neither a citizen nor a national of United States
citizen. Id. at 135-36. Such a person, then, is an alien to
whom Title VII does not apply. Id.
The Court will grant defendant’s motion to dismiss. An
Order accompanies this Memorandum Opinion.
JAMES ROBERTSON
United States District Judge
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