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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.