U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part IV— Miscellaneous

8 U.S.C. § 1504

Cancellation of United States passports and Consular Reports of Birth

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(a) The Secretary of State is authorized to cancel any United States passport or Consular Report of Birth, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through illegality or fraud practiced upon, the Secretary. The person for or to whom such document has been issued or made shall be given, at such person’s last known address, written notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.(b) For purposes of this section, the term “Consular Report of Birth” refers to the report, designated as a “Report of Birth Abroad of a Citizen of the United States”, issued by a consular officer to document a citizen born abroad.(June 27, 1952, ch. 477, title III, ch. 4, § 361, as added Pub. L. 103–416, title I, § 107(a), Oct. 25, 1994, 108 Stat. 4309.)
Notes of Decisions
Cited in 28 cases (7 in the last 5 years), 1998–2025 · leading case: United States v. Claudia Marquez Moreno, 727 F.3d 255 (3rd Cir. 2013).
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United States v. Claudia Marquez Moreno, 727 F.3d 255 (3rd Cir. 2013). · cites it 10× “§ 211a; 8 U.S.C. § 1504 , it has not had the power to determine citizenship.”
L. Xia v. Rex Tillerson, 865 F.3d 643 (D.C. Cir. 2017). · cites it 3× “8 U.S.C. § 1504 (a). Generally, the passport holder “shall be given, at such person’s last known address, written notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing.”
Chacoty v. Pompeo, 392 F. Supp. 3d 1 (D.C. Cir. 2019). · cites it 6× “" 8 U.S.C. § 1504 (a) ; see also 22 C.F.R. § 51.”
Hizam v. Kerry, 747 F.3d 102 (2d Cir. 2014). · cites it 5× “The district court found the statute which permitted the Department of State to cancel passports and CRBAs, 8 U.S.C. § 1504 , was enacted after Hizam’s CRBA was issued and was not susceptible to retroactive application.”
Raquel Hinojosa v. Petra Horn, 896 F.3d 305 (5th Cir. 2018). “We note that the decision-making process of a passport revocation is separately defined at 8 U.S.C. § 1504 . Although the statute also provides for a "prompt post-cancellation hearing" to contest the decision, id.”
Kelso v. U.S. Dep't of State, 13 F. Supp. 2d 1 (D.D.C. 1998). · cites it 5× “(quoting 8 U.S.C. § 1504 ). Furthermore, Ms. Pachón noted that “[i]f Mr.”
Atem v. Ashcroft, 312 F. Supp. 2d 792 (E.D. Va. 2004). · cites it 4× “8 U.S.C. § 1504 . In addition, § 1504 provides that “[t]he cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the…”
Chacoty v. Tillerson, 285 F. Supp. 3d 293 (D.C. Cir. 2018). · cites it 2× “" 8 U.S.C. § 1504 (a). The issuance or rescission of a CRBA, however, "affect[s] only the document and not the citizenship status of the person.”
Alzokari v. Pompeo, 973 F.3d 65 (2d Cir. 2020). “” See 14 also 8 U.S.C. § 1504 (a) (“The Secretary of State is authorized to cancel any United States passport .”
Hadwan v. US Dep't of State, 139 F.4th 209 (2d Cir. 2025). · cites it 2× “The Third Amended Complaint alleges that Defendants’ interpretation of 8 U.S.C. § 1504 , the statute authorizing passport revocations, was unconstitutional and exceeded statutory authority; that Defendants were required to apply a “clear and convincing evidence” standard and the…”
Mario Martinez v. Sec'y of State of the United States of Am., 652 F. App'x 758 (11th Cir. 2016). · cites it 2× “§ 211a and 8 U.S.C. § 1504 (a), the Secretary of State has the authority to “grant and issue passports,” and “to cancel any United States passport .”
Montgomery Cnty. Off. of Child Support Enf't Ex Rel. Cohen v. Cohen, 192 A.3d 788 (Md. Ct. Spec. App. 2018). “See 8 U.S.C. § 1504 . Subsection 652(k), therefore, provides the following process: (1) If the Secretary [of HHS] receives a certification by a State agency in accordance with the requirements of section 654(31) of this title that an individual owes arrearages of child support…”
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