A dispute over the recognition of United States citizenship has reached federal court, as a Texas resident seeks legal affirmation of her status following the denial of an immigration petition based on questions about her place of birth. The complaint was filed by Evelyn Anahi Espino in the United States District Court for the Southern District of Texas on March 16, 2026, naming Joseph B. Edlow, Director of U.S. Citizenship and Immigration Services (USCIS), along with the Department of Homeland Security and USCIS as defendants.
According to court documents, Espino claims she was born in Hidalgo, Hidalgo County, Texas on December 4, 1995, at San Jose Maternity Care and possesses an official Texas birth certificate issued by the State of Texas. She asserts that she has never renounced her allegiance to the United States or her citizenship and currently resides in Donna, Texas.
The filing outlines that Espino relied on her Texas birth certificate throughout her life as proof of citizenship and has been issued United States passports by the Department of State. The dispute arose after Espino submitted a Form I-130 Petition for Alien Relative to USCIS on February 23, 2023, seeking to classify her spouse as an immediate relative of a U.S. citizen. During adjudication, USCIS questioned Espino’s claim to citizenship due to information suggesting there was also a Mexican civil record reflecting the birth of a child with the same name.
The complaint explains that dual registration is not uncommon in border communities where families may register births in both countries for cultural or administrative reasons. “Such dual registrations may occur even when the child was born in the United States,” it states, emphasizing that inconsistent civil records do not necessarily invalidate official documentation from either country but create factual disputes requiring resolution.
USCIS reportedly found that a Mexican birth record originally listed Evelyn Anahi Espino Elizondo as being born at PEMEX Hospital in Reynosa, Tamaulipas, Mexico. According to USCIS inquiries detailed in the filing, this record was later amended to reflect Hidalgo, Texas as the place of birth. Additional information obtained by USCIS indicated that Espino’s mother received medical care at PEMEX Hospital around December 1995 related to childbirth.
Based on these findings, USCIS concluded that Espino had not sufficiently established she was born in the United States and denied her Form I-130 petition on those grounds. The agency’s determination effectively denied Espino “the right and privilege of recognition as a citizen of the United States,” according to the lawsuit.
Espino argues that under 8 U.S.C. §1503(a), individuals who are denied rights or privileges as nationals can seek judicial review if their citizenship is questioned by federal agencies. She contends she acquired U.S. citizenship at birth pursuant to the Fourteenth Amendment and asks for de novo review by the district court—not bound by prior administrative findings—regarding her birthplace and citizenship status.
The relief sought includes judicial declarations validating Espino’s Texas birth certificate and affirming she was born in Texas and is therefore a U.S. citizen under federal law. Additionally, she requests attorney’s fees and costs associated with bringing this action.
The complaint is signed by Anthony Matulewicz of Matulewicz & Associates P.C., representing Evelyn Anahi Espino. The case is identified as Civil Action No. 7:26-cv-00138.
Source: 726cv00138_Evelyn_Anahi_v_Joseph_B_Edlow_Complaint_Southern_District_of_Texas.pdf
