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desist of misrepresentation of Sri Lankan citizens for claiming that
he has completed the Renunciation of Citizenship process in the
United States .
THE PARTIES
2. A. Anura Rupasinghe was born in Sri Lanka and is a United
States Citizen. He resides in the State of New Jersey.
3. Defendant Nandasena Gotabaya Rajapakse is a United
States Citizen and was appointed as a candidate for the Sri Lankan
presidential election to be held on November 16, 2019. He also
represents the Sri Lanka Podujana Peramuna Party (SLPP). He
resides at Madamulana Walwa, Hambantota, Sri Lanka.
4. Micheal R. Pompae is the Secretary of State at the U.S.
Department of State office located at 2201 C Street, Washington
D.C 20520., and is a necessary party of interest.
5. The United States Department of State is the authority under
the law to grant a Renunciation of United States Citizenship . This
agency received the Defendant Nandasena Gotabaya Rajapakse’s
application and forms from the Embassy in Colombo, Sri Lanka to
issue final approval for his Renunciation of Citizenship
application. This office has a branch in New York City that issues
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and cancels passports. The address is : Greater New York Federal
Building, 376 Hudson Street, New York, NY 10014-3621
JURISDICTION AND VENUE
6. This action arises under the United States 8 U.S.C.§1481and
INA §349 and seeks relief, inter alia, under the Declaratory
Judgment Act, 28 U.S.C. § §2201 and 2202. This Court has
Jurisdiction under 8 U.S.C. §1481 (b). Venue is proper in this
judicial district under 28 U.S.C. § 1391(c) (3).
FACTUAL BACKGROUND
7. Defendant Nadasena Gotabaya Rajapakse was born in Sri
Lanka on June 20, 1949.
8. That Defendant Gotabaya migrated to the United States and
resided in California.
9. Upon information and belief, Defendant Gotabaya
Rajapakse filed for political asylum in the United States and
obtained a green card with an asylee status.
10. Upon information and belief, in 2003 Defendant Gotabhaya
became a United States citizen. Exhibit A
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11. Upon information and belief, the Defendant’s wife and
children also obtained United States Citizenship during this time
and lived with him in California.
12. Upon information and belief, the Defendant Gotabhaya
worked as a Systems Administrators at Loyola Law School,
California.
13. The Defendant’s brother Mahinda Rajapakse had won the
Presidential election in 2005 and was elected to office as the
President in the Republic of Sri Lanka.
14. Upon information and belief, the Defendant Gotabaya
returned to Sri Lanka in 2005 and was appointed as secretary of
Defence by his brother President Mahinda Rajapakse.
15. Upon information and belief, the Defendant Gotabhaya
obtained dual Citizenship in Sri Lanka in 2005.
16. Upon information and belief, Defendant Gotabhaya, after
obtaining dual Citizenship in Sri Lanka, did not have the intent to
renounce United States Citizenship .
17. Upon information and belief, that the Defendant Gotabhaya
served as secretary of defense in Sri Lanka from November 2005
until January 2015.
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18. Upon information and belief, as a secretary of defence his
position placed him in overall command of Sri Lanka’s armed
forces, intelligence services and Police forces.
19. During this time the Sri Lankan Government engaged in a
civil war against the Liberation Tiger of Tamil Eelam in Sri
Lanka.
20. Upon information and belief, during this time the Defendant
was accused of human rights violations and has allegations of
kidnapping journalists using white vans and intimidating the
media.
21. During this time the United States government accused
Defendant’s brother Mahinda Rajapakse and his regime of human
rights violations for political reasons for certain incidents in the
North of Sri Lanka and other areas after the war ended.
22. Upon information and belief, in November 2015 Defendant
Gotabaya returned to the United States after his brother lost the
Presidential election.
23. Upon information and belief, Defendant Gotabaya, after
returning to the United States, did not file the forms for
Renunciation of Citizenship .
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24. Upon information and belief, Defendant Gotabaya’s brother
Mahinda Rajapakse was appointed as the leader of a newly
formed political party named Sri Lanka Podujana Peramuna.
25. Thereafter, Sri Lanka Podujana Peramuna party decided to
find a candidate for the upcoming Presidential election which was
scheduled to be geld between November and December 2019.
26. Upon information and belief, members of Sri Lanka
Podujana Peramuna informed the leader of the party Mahinda
Rajapakse, that he should appoint a candidate for the upcoming
Presidential election.
27. Upon information and belief, Mahinda Rajapakse and
members of Sri Lanka Podujana Peramuna influenced and insisted
that Defendant Gotabaya Rajapakse should contests in the
Presidential Election on behalf of the Sri Lanka Podujana
Peramuna party.
28. Plaintiff has attached exhibits containing statements from
the media that the reason for filing the Renunciation of
Citizenship was only to contest in the Presidential election in
2019. Exhibit B
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29. Defendant Gotabaya could not contest in the Presidential
election in Sri Lanka as the Constitution prohibits anyone to
contest in an election unless that candidate, at the time of the
nomination for Presidential election, is a Sri Lankan Citizen.
30. Defendant Gotabaya was aware that he could not contest in
the Presidential election unless he renounced his United States
Citizenship .
31. Upon information and belief, Defendant Gotabaya went to
the United States Consulate in Colombo on April 17, 2019 and
filed DS 4081, DS 4080, and DS4083 forms prescribed by the
Secretary of States in the United States Department of State for
the Renunciation of Citizenship with the intention to contest in
the Presidential election in 2019.
32. Upon information and belief, Defendant Gotabaya
Rajapakse signed DS 4081under Penalty of perjury before the
Consulate officer in the United States Consulate office in
Colombo, on April 17, 2019 .
33. In D S 4081 there were 12 conditions. Condition 3 stated
that “ I am exercising my right of renunciation/ relinquishment
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freely and voluntarily without force, compulsion or undue
influence placed upon me by any person”.
34. Condition 10 stated that “My renunciation/relinquishment
may not exempt me from United States Income taxation with
regard to United States Service. Further, I understand that if my
Renunciation of United States nationality is determined by the
United States Attorney General to be motivated by tax avoidance
purposes. I will be found excludable from the United States under
Immigration and Nationality Act, as amended”.
35. Defendant signed D S 4080 under penalty of perjury. This
form contains statement “ I make this Renunciation intentionally,
voluntarily and of my own free will, free of any duress or undue
influence”.
36. In form DS 4083, paragraph 12 states that “ That: he /she
(The action causing expatriation should be set forth succinctly)
Voluntarily renounced nationality of United States”.
37. Paragraph 13 stats that “ The said expatriation act was
performed voluntarily with the intent to relinquish United States
Citizenship ”.
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38. Upon information and belief, until the date of signing this
complaint, the Secretary of State or the United States Department
of State has not issued Certificate of Loss of Nationality of the
United States.
39. In the website of the Department of State, it says “ After the
second interview, the case will be forwarded to the Department of
State for review and decision. Only when the Department of State
approves the case is the Renunciation considered complete. The
length of time for Department of State approval may be several
months. Our office will contact you when this process is
complete”.
40. “ In addition, after the second interview, the U.S. Embassy
will retain the Renunciation applicant’s U.S. passport, U.S.
Naturalization Certificate and other applicable or requested
documents until further notice. When the Department of State
contacts our office to confirm approval of the case, we will notify
the Renunciation applicant. If the Renunciation case is approved,
the applicant’s U.S. passport will be canceled and returned to the
applicant”.
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41. The United States government has not published in the
Federal Registry the list of individuals who were officially
awarded a certificate of loss nationality of the United States.
42. Defendant Gotabaya, the Secretary of State, and the
Department of State have so far conceal information about
Defendant’s Renunciation of Citizenship .
43. Upon information and belief, Defendant Gotabaya’s
Renunciation of United States Citizenship is under a cloud. The
Defendant Secretary of State or the Defendant U.S. Department of
State have not published or issued any statement to the public.
COUNT I
Defendant Gotabaya Rajapakse did not sign the State Department forms
DS 4080, 4081 and 4083 voluntarily. His brother Mahinda Rajapakse
unduly influenced the Defendant to renounce his Citizenship in order to
contest in the presidential election in 2019. It lacks the requisite, that the
acts committed or performed should be done voluntarily pursuant to INA
section 349(a) (5)and 8 U.S.C 1481 (a ) (5). Therefore, his Renunciation is
voidable.
44. This is an action for Declaratory Judgment against
Defendant Gotabaya Rajapakse for acts of Renunciation of
Citizenship that were not done or committed or performed
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voluntarily pursuant to INA section 349(a) (5) and 8 U.S.C
1481(a).
45. Plaintiff A. Anura Rupasinghe repeats and realleges the
averments contained in paragraph 1-44 of this Complaint as if
fully set forth herein.
46. The Defendant Gotabaya Rajapakse did not have the
intention to relinquish United States Citizenship and only signed
the necessary forms to relinquish United States Citizenship
because of the undue influence of his brother Mahinda Rajapakse
as Mahinda Rajapakse wanted him to contest in the Presidential
election in 2019.
47. Defendant Gotabaya was also influenced by the members of
Sri Lanka Podujana Peramuna party. (Sri Lankan opposition
political party).
48. The Plaintiff is under real imminent threat that Defendant’s
action caused will cause harm for him and his family in Sri Lanka.
Sri Lanka’s democracy is in danger and if successful the said the
Defendant will destroy the democratic process in the Presidential
election.
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49. Defendant Gotabhaya is now a candidate for Sri Lanka’s
Presidential election in 2019. Election will be held on November
16, 2019. The list of candidates in the election is attached.
50. Plaintiff was born in Sri Lanka and has his relatives and
family members in Sri Lanka. Therefore, Defendant’s action OP
continue to cause irreparable harm unless a Declaratory Judgment
is issued precluding the Defendant from contesting in the
Presidential election. Further in the event that he is elected in the
election, the issuing of a declaration will disqualify him for the
office of Presidency.
51. This Renunciation of Citizenship is a matter for the United
States Department of State and the Plaintiff has a right as a United
States Citizen for an inquiry by the Judicial system under the law.
52. Upon information and belief, the Defendant Gotabaya has
not surrendered his United States Passport with form DS 4083 to
the United States Consulate in Colombo at time of the alleged
Renunciation of Citizenship . Therefore, his intent to relinquish
United States Citizenship has not been completed. Therefore, he
is still a United States Citizen.
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53. He has not filed an income tax return for the year 2019 to
the Inland Revenue Service, therefore he has future obligations
and commitments under the law to be fulfilled to the United States
government. Therefore, his intent to relinquish has not been
completed. Therefore, he is still a United States Citizen as a
matter of law.
54. He has bank accounts, stocks, motor vehicles, personal
properties, licenses and other financial transactions with the
United States under his name, therefore his intention to relinquish
United states Citizenship has not been completed. Therefore, he is
still a United States Citizen.
55. He had a case in the United States District Court of California
Western Division, index number 2: 19 cv 02577-R-RAO filed as Ahima
Wickramasinghe v Nandasena Gotabaya. The District Judge has signed
an order dismissing the complaint. The affirmations filed by his
attorneys claimed that he has completed the process but the Honorable
Judge stated in the order that “ ….. Defendant was a U.S. Citizen and
the current status of his Citizenship is disputed”. Therefore, his
intention to relinquish the Citizenship has been disputed by the Court.
COUNT II
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The United States District Court of California held that Defendant,
Gotabaya was a United States Citizen and the his current status of his
Citizenship is in dispute. Therefore, this Court should hold that the
Defendant is a United States Citizen.
56. Defendant Gotabaya been sued by an individual named
Ahima Wickramasinghe in the District Court of California.
Gotabaya was named as Defendant in the law suit. Defendant
Gotabaya filed a motion to dismiss the complaint based on
immunity. The Court in California issued an order dated on
October 17, 2019. The order on page 4 Paragraph 3 stated that “
…. Defendant was a U.S. Citizen and the current status of his
Citizenship is disputed”. Exhibit C
57. The Court record contained the Defendant’s statements
about the documents that he filed before the State Department.
58. However, the Court rejected the statements. The Court held
that that “ Defendant Gotabaya was a U.S. Citizen and the current
status of his Citizenship is disputed”.
59. This Court can admit another District Court’s decision with
limited exceptions, unpublished opinions lack precedential value.
Thus, other Courts (and even subsequent panels of the issuing
Court) generally are not bound to follow the rulings in these
decisions. However, because unpublished opinions often resolve
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contested legal issues that may be relevant to a client’s case,
counsel frequently seek to rely on these decisions to advance their
client’s position in federal Court. Before citing to unpublished
appellate opinions in Court filings or oral argument, practitioners
should familiarize themselves with the relevant Court rules on
unpublished opinions and avoid making misrepresentations to the
Court regarding an opinion’s precedential value
60. Therefore, this Court should admit the United States District
Court’s order and conclude that Defendant Gotabaya is still a
United States Citizen.
COUNT III
The United States Secretary has authority to grant or deny the
Renunciation of Citizenship under the law. Therefore, Defendant should
be given the opportunity to establish that he did the acts required to
renounce Citizenship in the United States voluntarily. Therefore, this
Court should issue a declaratory judgment unless the Defendant comes
forward and presents evidence that he filed documents for Renunciation of
Citizenship voluntarily.
61. The U.S. Code § 1481 (b) “Whenever the loss of United
States nationality is put in issue in any action or proceeding
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commenced on or after September 26, 1961 under, or by virtue of,
the provisions of this chapter or any other Act, the burden shall be
upon the person or party claiming that such loss occurred, to
establish such claim by a preponderance of the evidence.
Any person who commits or performs, or who has committed or
performed, any act of expatriation under the provisions of this
chapter or any other Act shall be presumed to have done so
voluntarily, but such presumption may be rebutted upon a
showing, by a preponderance of the evidence, that the act or acts
committed or performed were not done voluntarily”.
62. Therefore, this Court should grant reasonable time to the
defend the Defendant Gotabaya to defend this issue in dispute
prior to granting relief to the Plaintiff.
COUNT IV
Citizenship in the United States is a disqualification for Contesting in the
Presidential election in Sri Lanka. Defendant was a United States Citizen
since 2003. Defendant belongs to this nation over for 15 years and paid
taxes to this country. Defendant’s contest in the Presidential election is
deceiving the Sri Lankan nation at large. Therefore, this Court must act
and pass a decision to save Sri Lanka Citizens from Defendant’s actions.
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63. Under the Constitution of Sri Lanka, an individual can
contest Presidential election if he is a Citizen of Sri Lanka subject
to other conditions.
64. Defendant Gotabaya is contesting the election claiming that
he enunciated his the United States Citizenship .
65. The Defendant has not presented the Public with any State
Department issued documents to establish that he has completed
the Renunciation process in the United States.
66. Defendant deceives Sri Lankan Citizens and misrepresents
the public at large claiming that he completed the Renunciation
process and has no commitment to the United States government.
67. Therefore, this Court should declare that the Defendant
Gotabaya Rajapakse is still a United States Citizen or as an
alternative to declare that he has not completed the requirement
for Renunciation of Citizenship of the United States.
WHEREFORE, Plaintiff A. Anura Rupasinghe prays that judgment be entered:
A. Declaring that Defendant Nandasena Gotabaya Rajapakse is a United States
Citizen.