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Can the surviving Boston Bomber Dzhokhar Tsarnaev's citizenship be nullified?
email | April 21, 2013

Posted on 04/21/2013 11:11:28 AM PDT by EveningStar

A friend of mine made this comment to me via email:

It seems to me that the surviving Tsarnaev brother's legal status as a US citizen should be nullified since he must have taken the oath of allegiance under false pretense. If it can be nullified then he would lose the protections afforded him as a citizen.
What do you think?


TOPICS: News/Current Events; US: Massachusetts; War on Terror; Your Opinion/Questions
KEYWORDS: citizenship; dzhokhartsarnaev; naturalization; nullification; tsarnaev
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1 posted on 04/21/2013 11:11:28 AM PDT by EveningStar
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To: EveningStar

But...but...but...that’d be racist.
(sarc)


2 posted on 04/21/2013 11:13:12 AM PDT by kjo (+)
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To: EveningStar

I would vote yes under those circumstances you shared.

He lied so yes, withdraw his citizenship.


3 posted on 04/21/2013 11:13:16 AM PDT by Christie at the beach
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To: EveningStar
Depends on whether he swore on a Bible or a Holy Queeran.

</sarcasm>

4 posted on 04/21/2013 11:14:54 AM PDT by E. Pluribus Unum ("Deficit spending is simply a scheme for the confiscation of wealth." --Alan Greenspan)
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To: EveningStar

When thinking about things like this I always consider how it could be misused should a corrupt or dishonest person become president.


5 posted on 04/21/2013 11:17:10 AM PDT by oldbrowser (We have a rogue government in Washington)
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To: EveningStar

I don’t think so. To revoke his citizenship, the government would have to prove intent on his part and intent is incredibly difficult to prove.

I’m not saying that it can’t be done, just that it is very difficult to prove. That said, I think it would be a pointless effort. This administration is going above and beyond trying to assign the rights of citizenship to the terrorists who are determined to kill us. Remember the big kerfuffle over them wanting to try Sheik Khalid Muhammed in NYC??

I don’t see it happening.


6 posted on 04/21/2013 11:18:53 AM PDT by DustyMoment (Congress - another name for anti-American criminals!!)
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To: EveningStar

No, then his home country could ask for his extradition. Keep the worm in an American prison for life, and keep the rest of the pieces of $hit like him out of this country.


7 posted on 04/21/2013 11:19:59 AM PDT by I want the USA back
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To: EveningStar

I think some cops need more time at the range.


8 posted on 04/21/2013 11:20:13 AM PDT by HomeAtLast
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To: HomeAtLast
I think some cops need more time at the range.

Indeed. It's been reported that the boat he was hiding in "looked like Swiss cheese". Yet his wound was self-inflicted.

9 posted on 04/21/2013 11:25:53 AM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: EveningStar

Seems to me he should be convicted first, then stripped of his citizenship.

OTOH, I’d love to see his a$$ water boarded and sent to Gitmo.


10 posted on 04/21/2013 11:28:07 AM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: EveningStar

The death penalty would take care of that!


11 posted on 04/21/2013 11:28:16 AM PDT by Former Fetus (Saved by grace through faith)
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To: EveningStar
8 USC § 1451 - Revocation of naturalization
(c) Membership in certain organizations; prima facie evidence If a person who shall have been naturalized after December 24, 1952 shall within five years next following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of section 1424 of this title, it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively.

8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—

snip

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.


So, yes, there is a way to do so...legally.

12 posted on 04/21/2013 11:29:14 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: EveningStar

I’d think he could be charged with sedition, or something akin to that. He was certainly trying to wreak havoc in our system of government by terrorizing our citizenry. THEN we could deport his sorry rear end back to where his Mama is!


13 posted on 04/21/2013 11:29:23 AM PDT by SuziQ
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To: EveningStar

I would say yes, as he clearly obtained it using fraud. I say strip him of it and send him back to the ‘Loving’ arms of Mother Russia. They know best ho to rehabilitate his kind and can do it faster and cheaper.


14 posted on 04/21/2013 11:29:34 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: South40
"Indeed. It's been reported that the boat he was hiding in "looked like Swiss cheese". Yet his wound was self-inflicted. "

I think on average in Afghanistan it takes 250,000 rounds per insurgent so at that rate it would have taken 500,000 rounds to kill both and most of Boston would have looked like Swiss cheese.

15 posted on 04/21/2013 11:30:23 AM PDT by Sooth2222 ("Suppose you were an idiot. And suppose you were a member of congress. But I repeat myself." M.Twain)
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To: EveningStar

Decades ago it was not uncommon for naturalized Italian immigrants convicted of crimes to lose their citizenship and be shipped back to Italy.


16 posted on 04/21/2013 11:30:40 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: markomalley

I didn’t see your post, before posting my comment, but #7 would certainly do the trick!


17 posted on 04/21/2013 11:30:55 AM PDT by SuziQ
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To: I want the USA back

The last thing we need is to set a precedent for stripping people of their citizenship.

I’m sure emperor Obozo wishes he could have stripped the Hutaree of their citizenship now that they’ve been acquitted and are now suing.


18 posted on 04/21/2013 11:31:45 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: DustyMoment

Concur. There is a process for revoking citizenship, but they would have to prove that his application for citizenship was fraudulent. Easiest way would be to connect some dots in his terrorist activities to a time period prior to his naturalization. It would still be a very long court proceeding with all the usual suspects lining up to help him keep his citizenship. He will be convicted of murder and all the other mayhem way before that could happen.


19 posted on 04/21/2013 11:31:45 AM PDT by USNBandit (sarcasm engaged at all times)
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To: Sooth2222

Your comment is nonsense. Insurgents hide in or behind buildings whereas bomber #1 was rushing at the police in the middle of the street and bomber #2 was stationary and cowering in a boat.


20 posted on 04/21/2013 11:32:22 AM PDT by South40 (I Love The "New & Improved" Free Republic!)
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