Acosta v. Winter ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
ROGELIO ACOSTA, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1318 (JR)
)
DONALD C. WINTER, )
Secretary of the Navy, )
)
Defendant. )
)
MEMORANDUM OPINION
This matter is before the Court on defendant’s motion to
dismiss.
Plaintiff is a former employee of the United States Navy at
Subic Bay, Philippines, whose formal employment discrimination
claim was dismissed on the ground that he failed to state a claim
of reprisal because he is an alien to whom Title VII of the Civil
Rights Act of 1964 (“Title VII”), as amended, does not apply.
See Compl., Attach. (November 5, 2007 Notice of Dismissal, DON
07-61581-02250) at 1-2. He alleges that he is a dual citizen of
the Philippines and of the United States because he was born in
1938 in the Philippine Islands when the Philippine Islands were a
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
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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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