(a) A person whose passport has been denied or revoked under 22 CFR 51.60(b)(1) through (10), 51.60(c), 51.60(d), 51.61(b), 51.62(a)(1), or 51.62(a)(2), or whose Consular Report of Birth Abroad is cancelled under § 51.62(c)(1) or § 51.62(c)(2), may request a hearing to review the basis for the denial, revocation, or cancellation, provided that the Department receives such a request, in writing, from such person or his or her attorney within 60 days of his or her receipt of the notice of the denial, revocation, or cancellation. Failure to timely request a hearing means the denial, revocation, or cancellation is the Department's final action.
(b) The provisions of §§ 51.70 through 51.74 do not apply to any action of the Department denying, restricting, revoking, cancelling or invalidating a passport or Consular Report of Birth Abroad, or in any other way adversely affecting the ability of a person to receive or use a passport or Consular Report of Birth Abroad, for reasons not set forth in § 51.70(a), including, as applicable, those listed at:
(1) Section 51.60(a) (instances where the Department may not issue a passport, except for direct return to the United States);
(2) Section 51.60(f) (failure to provide a social security number, or purposefully providing an incorrect number);
(3) Section 51.60(g) (denial of passport cards to certain convicted sex offenders);
(4) Section 51.61(a) (denial of passports to certain convicted drug traffickers);
(5) Section 51.62(b) (revocation of passports for non-U.S. nationals or where a certificate of citizenship or naturalization has been cancelled);
(6) Section 51.62(c)(3) (cancellation of a Consular Report of Birth Abroad upon the Department's determination that the bearer is not a U.S. national or where a certificate of citizenship has been cancelled);
(7) Section 51.62(d) (revocation of passports issued to certain convicted sex offenders);
(8) Section 51.64 (specially validated passports);
(9) Any other provision not listed at § 51.70(a).
(c) If a timely request for a hearing is made by a person seeking a hearing in accordance with these regulations, the Department will make reasonable efforts to hold the hearing within 90 days of the date the Department receives the request.
(d) Within a reasonable period of time prior to the hearing, the Department will give the person requesting the hearing written notice of the date, time and place of the hearing and copies of the evidence relied on in denying, revoking, or cancelling the passport or Consular Report of Birth Abroad.
(e) The person requesting the hearing may obtain one continuance, not to exceed an additional 90 days, upon written request. The request for a continuance must be received by the Department as soon as practicable and in no case less than five business days prior to the scheduled hearing date. Any further continuances are within the sole discretion of the Department.
[83 FR 21875, May 11, 2018]
Notes of Decisions
Cited in
36
cases (
10 in the last 5 years), 1980–2026 · leading case:
Haig v. Agee, 453 U.S. 280 (1981).
Haig v. Agee, 453 U.S. 280 (1981).
· cites it 12× “[10] He alleged that the regulation invoked by the Secretary, 22 CFR § 51.70 (b) (4) (1980), has not been authorized by Congress and is invalid; that the regulation is impermissibly overbroad; that the revocation prior to a hearing violated his Fifth Amendment right to…”
Weinstein v. Albright, 261 F.3d 127 (2d Cir. 2001).
· cites it 12× “§ 652 (k) and 22 C.F.R. §§ 51.70 (a)(8), 51.72(a) & 51.”
L. Xia v. Rex Tillerson, 865 F.3d 643 (D.C. Cir. 2017).
· cites it 2× “When Xia sought reconsideration, the State Department informed her that she was not entitled to a post-cancellation hearing under 22 C.F.R. §§ 51.70 -.74. App’x 201. Xia’s passport revocation was allegedly arbitrary because putatively based on an event that had yet to occur, and…”
Raquel Hinojosa v. Petra Horn, 896 F.3d 305 (5th Cir. 2018).
· cites it 2× “In its letter notifying Villafranca of the revocation, DOS stated that she was not entitled to a hearing under 22 C.F.R. §§ 51.70 - 51.74 because her passport had been revoked on the grounds of non-nationality.”
Kelso v. U.S. Dep't of State, 13 F. Supp. 2d 1 (D.D.C. 1998).
· cites it 9× “Embassy in London, transmitted a letter to Plaintiff that informed him that the State Department had revoked his passport pursuant to 22 C.F.R. § 51.70 (a)(1) and § 51.72(a). See Pl.”
Chacoty v. Pompeo, 392 F. Supp. 3d 1 (D.C. Cir. 2019).
“" 22 C.F.R. § 51.70 (a). If requested, the hearing is held before a "hearing officer," who considers the relevant testimony and evidence and makes a recommendation to the Deputy Assistant Secretary for Passport Services or her designee in the Bureau of Consular Affairs…”
Kelso v. U.S. Dep't of State, 13 F. Supp. 2d 12 (D.D.C. 1998).
· cites it 3× “The Department of State justified its revocation under 22 C.F.R. §§ 51.70 , 51.72, reasoning that because Mr.”
Agee v. Baker, 753 F. Supp. 373 (D.D.C. 1990).
· cites it 8× “The quoted letter invoked 22 CFR § 51.70 (b)(5), which permits the Secretary to deny a passport where [t]he applicant has been the subject of a prior adverse action under [ 22 CFR § 51.”
Agee v. Vance, 483 F. Supp. 729 (D.D.C. 1980).
· cites it 2× “As grounds for this action, the Secretary of State (“Secretary”) relied on the provisions of 22 C.F.R. §§ 51.70 (b)(4) *730 and 51.71, 1 asserting specifically his conclusion that Agee’s activities abroad “are causing or are likely to cause serious damage to the national…”
Eunique v. Powell, 281 F.3d 940 (9th Cir. 2002).
· cites it 7× “§ 652 (k); 22 C.F.R. § 51.70 (a)(8). The district granted summary judgment against her, and she appealed.”
— 22 C.F.R. § 51.70(b)(4) — 1 case
Agee v. Baker, 753 F. Supp. 373 (D.D.C. 1990).
“The quoted letter invoked 22 CFR § 51.70 (b)(5), which permits the Secretary to deny a passport where [t]he applicant has been the subject of a prior adverse action under [ 22 CFR § 51.”
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