NO. 12-18-00017-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE:

BRANDON BEY

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APPEAL FROM THE 307TH 

JUDICIAL DISTRICT COURT

GREGG COUNTY, TEXAS

MEMORANDUM OPINION

Brandon Bey appeals from the trial court’s judgment denying his request to change his 

race and nationality. We affirm.

BACKGROUND

Brandon Antwain Nash, who was born in Texas, petitioned the court for leave to change 

his name to Brandon Bey. This request was granted by the trial court. He also petitioned the 

court for leave to change his “Race/Nationality” from “Negro/Black/African American” to 

“Moor/Americas Aboriginal National, ‘but not a citizen of the United States.’” The trial court 

denied this request on the ground that it did not have jurisdiction or legal authority to act on this 

request.

In his sole issue, Bey agrees that the district court did not have jurisdiction or legal 

authority to grant the relief he requested. He argues that the only way for him to get to the 

appropriate court, a “Constitutional Court,” is to go through the district court and appeal his case 

from there.

The Fourteenth Amendment to the United States Constitution provides that all persons 

born or naturalized in the United States are citizens of the United States. U.S. CONST. amend. 

XIV, § 1. The amendment has been interpreted as “defining a citizenship which a citizen keeps 

unless he voluntarily relinquishes it.” Afroyim v. Rusk, 387 U.S. 253, 262, 87 S. Ct. 1660, 1665, 

18 L. Ed. 2d 757 (1967). The right and power of expatriation, relinquishment of citizenship,
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belongs to the individual citizen. Id. 387 U.S. at 265, 87 S. Ct. at 1666. Congress enacted a law 

enumerating the acts by which a person may voluntarily lose his United States nationality. 

Immigration & Nationality Act § 349, 8 U.S.C. § 1481 (2012). Section 1481(a)(6) applies to 

persons in the United States who are making a formal written renunciation of nationality and 

specifies that the request to relinquish citizenship is to be presented before an officer designated 

by the United States Attorney General. Id. 

Thus, relinquishment of citizenship is a federal question. Federal district courts have 

original jurisdiction of all civil actions arising under federal law. 28 U.S.C. § 1331 (2012). The 

jurisdiction of state district courts in Texas consists of jurisdiction of all actions, proceedings, 

and remedies, except in cases where exclusive, appellate, or original jurisdiction may be 

conferred by law on some other court. TX. CONST. art. 5, § 8. Because federal law confers 

jurisdiction over citizenship questions to federal courts, Gregg County district courts do not have 

jurisdiction to consider Bey’s request to change his “race/nationality” so that he is no longer a 

citizen of the United States. Id. We overrule Bey’s sole issue.

DISPOSITION

We affirm the trial court’s judgment.

BRIAN HOYLE

Justice

Opinion delivered July 31, 2018.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 31, 2018

NO. 12-18-00017-CV

IN RE: BRANDON BEY,

Appellant

Appeal from the 307th District Court 

of Gregg County, Texas (Tr.Ct.No. 2017-2094-DR)

THIS CAUSE came to be heard on the appellate record and brief filed herein, 

and the same being considered, it is the opinion of this court that there was no error in the 

judgment.

It is therefore ORDERED, ADJUDGED and DECREED that the judgment of 

the court below be in all things affirmed, and that all costs of this appeal are hereby adjudged 

against the Appellant, BRANDON BEY, for which execution may issue, and that this decision 

be certified to the court below for observance.

Brian Hoyle, Justice.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.