“The decision to issue a Certificate of Loss of Nationality from the U.S. State Department to a dual citizen who moves out of the U.S. and effectively renounces their U.S. citizenship by a preponderance of the evidence is discretionary. See SCOTUS opinion, Vance v. Terrazas (1980)....
...On the other hand, SoS Dean Rusk maintained a lower standard of a preponderance of the evidence for issuing CLNs. A 5 year-old dual citizen who moves out of the U.S. with a parent who informs the State Department they have no intention of returning to the U.S. would be issued a CLN. SoS Vance continued SoS Rusk’s standard of “preponderance of the evidence” and it was upheld by SCOTUS in 1980.”
No, a 5 year old dual citizen who moves outside the US never has had his citizenship revoked. The case you cite reads:
“Appellee, Laurence J. Terrazas, was born in this country, the son of a Mexican citizen. He thus acquired at birth both United States and Mexican citizenship. In the fall of 1970, while a student in Monterrey, Mexico, and at the age of 22, appellee executed an application for a certificate of Mexican nationality, swearing “adherence, obedience, and submission to the laws and authorities of the Mexican Republic” and
“expressly renounc[ing] United States citizenship, as well as any submission, obedience, and loyalty to any foreign government, especially to that of the United States of America. . . .”
That was a TWENTY-TWO year old who swore a statement revoking his US citizenship, NOT a 5 year old who moved overseas!
A post like your is simply dishonest. You are LYING. You cannot use a case involving a 22 year old who swears a statement renouncing US citizenship to show a 5 year old loses citizenship when his parents take him to another country.
Another lie: “Obama moved back to the U.S. in 1971 and chose not to recapture his U.S. citizenship within 6 months of his 18th birthday.”
He had never lost his citizenship. He returned to the USA at age 10. He has lived here ever since as a US citizen. He was not here on an Indonesian passport using a visa.
So again, you are lying about the FACTS. No other birther on the forum that I’ve encountered has acted so dishonestly.
Terrazas renounced his U.S. Citizenship by statements made to Mexican authorities to keep from being expelled from a Mexican university. The U.S. SoS issued a CLN to Terrazas even though he told U.S. authorities he had not intention of giving up his U.S. citizenship and he told Mexican authorities whatever he had to keep from being expelled.
Obama was issued a CLN after his mother notified the State Department her son had acquired Indonesian Nationality and she planned to stay in Indonesia indefinitely. Obama was given the opportunity to recapture his U.S Citizenship until 6 months after his 18th birthday.
If a dual citzen minor cannot be issued a CLN, why does the U.S. State Department issue a notification letter to minors who have been issued a CLN informing them they have 6 months to recapture their U.S. Citizenship?
IRREVOCABILITY OF RENUNCIATION OF U.S. CITIZENSHIP
Section 351(b) of the INA provides that an applicant who renounced his or her U.S. citizenship before the age of eighteen can have that citizenship reinstated if he or she makes that desire known to the Department of State within six months after attaining the age of eighteen. See also Title 22, Code of Federal Regulations, section 50.20.