Omar Cano-Lopez v. Mullin

Case: 25-40230 Document: 71-1 Page: 1 Date Filed: 04/09/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-40230 FILED ____________ April 9, 2026 Lyle W. Cayce Omar Cano-Lopez, Clerk Plaintiff—Appellant, versus Markwayne Mullin, Secretary, U.S. Department of Homeland Security, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 1:23-CV-44 ______________________________ Before Richman, Duncan, and Oldham, Circuit Judges.

Per Curiam: * Omar Cano-Lopez, a native of Mexico, appeals from the district court’s denial of his request for declaratory relief to establish his claim to United States citizenship and for a new trial or to alter and amend the judgment. Federal law allows any person within the United States and denied a right or privilege as a national of the United States, based on non- _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-40230 Document: 71-1 Page: 2 Date Filed: 04/09/2026

No. 25-40230 nationality, to file a declaratory judgment action to determine if he is a citizen. 8 U.S.C. § 1503(a). Here, the district court found that Cano-Lopez did not meet his burden of showing his father was present in the United States for the requisite period of time to render Cano-Lopez a citizen. After reviewing that order, the record, and the briefing, we find no error with the district court’s conclusion.

Cano-Lopez also challenges the district court’s denial of his Rule 59 motion. But the district court correctly determined that Cano-Lopez did not convincingly establish that the evidence was newly discovered or impossible to unearth before the judgment. Thus, the district court did not reversibly err.

AFFIRMED.