Abaigar v. Winter ( 2009 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
MIGUEL ABAIGAR, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1466 (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 is an alien to whom
Title VII of the Civil Rights Act of 1964, as amended (“Title
VII”), does not apply.1 See Compl., Attach. (June 3, 2008 Notice
of Dismissal, DON 08-61581-00908) at 1-2. He alleges that he is
a dual citizen of the Philippines and of the United States
because he was born in the Philippine Islands when the Philippine
Islands were a United States territory. Compl. at 6. In this
1
The Navy also dismissed plaintiff’s claim of
discrimination on the basis of reprisal, see Compl., Attach.
(June 3, 2008 Notice of Dismissal)at 2, but he does not appear to
challenge this decision here.
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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
2