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U. S. Constitution
Article II
Section 1
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event |
description |
Age
Requirement |
Obama’s American citizen parent, Ann Dunham, had to have been a
resident of the United States for 10 years, at least five of
which were over the age of 14. Dunham did not meet that
requirement (of the Nationality Act of 1940, revised June 1952)
until her 19th birthday in late November of 1961, almost four
months after Obama was born.
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U. S.
Law |
The U.S. Law in
effect during Mr. Obama’s birth stated if you are born abroad to one
U.S. parent and a foreign national, the U.S. parent must have resided in
the United States for ten (10) years, five (5) of which were after the
age of Fourteen (14) in order to register the child’s birth abroad in
the United States as a "natural born" U.S. citizen, under the
Nationality Act of 1940, revised June 1952, United States of America v.
Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88
(2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th
Cir. 1999), Scales v. Immigration and Naturalization Service 232 F.3d
1159 (9th Cir. 2000), Solis-Espinoza v. Gonzales 401 F.3d 1090 (9th Cir.
2005).
Under the Nationality Act of
1940, revised June 1952, is the law that applies to a birth abroad and
is in effect at the time of birth, MarquezMarquez a/k/a Moreno v.
Gonzales 455 F. 3d 548 (5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782,
783 (9th Cir.1990) (holding that "the applicable law for transmitting
citizenship to a child born abroad when one parent is a U.S. citizen is
the statute that was in effect at the time of the child’s birth").
Stanley Ann Dunham, Mr. Barry Soetoro’s mother, was only 18
when she gave birth to Barack Hussein Obama, Jr. She was not old enough
to register Obama’s birth in Hawaii or anywhere else as a United States
"natural born" citizen as she did not meet the residency requirements
pursuant to our United States Laws; as such it does not matter that this
is a minor technicality, the law is applied regardless -- see United
States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v.
I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998).
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©
Copyright Beckwith 2009
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