And you seem to unable to comprehend this simplest point. Orly did not stipulate that Obama was born in Hawaii. Whatever the previous two attorneys said does not bind her case.
She stipulated that Obama's location of birth is in question. You may argue that the first two attorneys stipulated Hawaii, but Orly did not. His ruling cannot encompass all three cases because the facts as stipulated in the first two cases cannot bind the third case where such "facts" are in dispute.
Malihi’s decision didn’t stipulate any facts. The judge said he “considered” that Obama was born in Hawaii. He did not cite any source for showing if this is indeed fact or not. Since he admits Obama did NOT enter any legal evidence to support this claim, then it is an opinion, not an actual fact.