# Cortez v. Rubio: Fifth Circuit Passport Denial Appeal

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/cortez-v-rubio-fifth-circuit-passport-denial-appeal
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/cortez-v-rubio-fifth-circuit-passport-denial-appeal.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-05-25T14:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Cortez-v--Rubio-Fifth-Circuit-Passport-Denial-Appeal-e3jjd8j
Audio file: https://anchor.fm/s/fddb5314/podcast/play/120222419/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-4-19%2F36ffe0da-5e69-c705-c1cb-04b680b8723a.m4a
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JSON: https://stenobird.com/v1/public/podcasts/swear-on-the-stand-7111404/episodes/cortez-v-rubio-fifth-circuit-passport-denial-appeal
Duration seconds: 2875

## Resource

This episode details a Fifth Circuit Court of Appeals decision regarding Hector Xavier Cortez , who sued the Department of State after his passport applications were repeatedly rejected. The government denied his requests because of a conflicting Mexican birth certificate and suspicions surrounding the medical attendant who recorded his Texas birth. The court ultimately dismissed his claims , ruling that his primary legal challenge was time-barred by a five-year statute of limitations. Additionally, the judges determined that alternative legal pathways, such as the Administrative Procedure Act , were unavailable because specific statutes already provided a remedy. The ruling concludes that Cortez failed to prove his right to citizenship or provide sufficient evidence to overcome the administrative denials.

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## Transcript

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