Case did not involve a person born outside USA, nor a person without both parents citizens of USA at her birth, for that matter. Tangerine maybe but not an orange.
You must be referring to a different case. This case has ...
The facts are stipulated:1. The appellee, Aldo Mario Bellei (hereinafter the plaintiff), was born in Italy on December 22, 1939. He is now 31 years of age.
2. The plaintiff's father has always been a citizen of Italy, and never has acquired United States citizenship. The plaintiff's mother, however, was born in Philadelphia in 1915, and thus was a native-born United States citizen. She has retained that citizenship. Moreover, she has fulfilled the requirement of S: 301(a)(7) for physical presence in the United States for 10 years, more than five of which were after she attained the age of 14 years. The mother and father were married in Philadelphia on the mother's 24th birthday, March 14, 1939. Nine days later, on March 23, the newlyweds departed for Italy. They have resided there ever since.
3. By Italian law, the plaintiff acquired Italian citizenship upon his birth in Italy. He retains that citizenship. He also acquired United States citizenship at his birth under Rev.Stat. S: 1993, as amended by the Act of May 24, 1934, S: 1, 48 Stat. 797, then in effect. [Footnote 2] That version of the statute, as does the present one, contained a residence condition applicable to a child born abroad with one alien parent.
Ahhh, nevermind. I see you were talking about Minor v. Happersett.