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To: danamco
Yesterday, and continuing on into today, I have sorted out the knowns facts from speculation about the matter of BHO II's nationality and presented the facts alone to a federally trained and employed INS official (recently retired).

This official, a skeptic about the issue...i.e. believing that BHO II is, in fact a US citizen under the laws of the United States, listened, asked questions and clarified items over which she had concerns. She referred to her INS legal material, quoted section 8 United States Code. Page 98 of the IMMIGRATION LAW Pocket FieldGuide (tm) 2006 EDITION copyright LexisNexis Gould Publications page 98-99 (Nationality charts) and concluded that if the subject Barack Hussein Obama II was born in Kenya as alleged he is not a US citizen at all because Title 8 USC does not confer "Derivative Citizenship" to a child born outside the US and its territories because the provisions of the Immigration and Nationalities Act (INA) section 274C (8USC 1324c), INA 275 (8USC 1325) which define provisions by which a person has US citizenship, exclude him.

The issue revolves around the INA of 1948 which provides that for a child of one alien and one US citizen to derive US citizenship by birth (as in anchor babies) the USC mother must have spent for 10 years continuously, five of which must have been after the age of 14 and before the age of 28.

Since the available record reflects that Stanley Ann Dunham DOB November 29, 1942, bore and delivered Barack Hussein Obama II at age 18 on August 4, 1961, prior to her 19th birthday November 29, 1961, Barack Hussein Obama II cannot claim US citizenship by birth.

The question remains, whether anyone in "authority" in the legal and judicial system has the guts to take these facts and render a legally binding decision.

417 posted on 07/24/2012 4:02:09 PM PDT by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
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To: oneolcop; LucyT; melancholy; hoosiermama; Brown Deer
“The issue revolves around the INA of 1948 which provides that for a child of one alien and one US citizen to derive US citizenship by birth (as in anchor babies) the USC mother must have spent for 10 years continuously, five of which must have been after the age of 14 and before the age of 28.

“Since the available record reflects that Stanley Ann Dunham DOB November 29, 1942, bore and delivered Barack Hussein Obama II at age 18 on August 4, 1961, prior to her 19th birthday November 29, 1961, Barack Hussein Obama II cannot claim US citizenship by birth.”

I appreciate what you have done, but it matters whether Stanley Ann was legally single or not:

http://travel.state.gov/law/citizenship/citizenship_5199.html

“Birth Abroad to One Citizen and One Alien Parent in Wedlock:

“A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.”

“Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

“A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.”

As you can see, if Stanley Ann met the out-of-wedlock condition, only one year of being “...physically present in the United States...for a continuous period of one year...” is required to transmit citizenship.

Please ask your source to reconsider given that under HI law SADO’s Feb. 2, 1961 marriage in the HI index was bigamous and thus a nullity (didn't exist).

Even if the marriage was de facto legal in HI having not been challenged (only suspected as bigamous by INS), on arrival in Kenya, the article at the top of the thread affirms a Kenya Colony vital record of one marriage for BHO Sr. prior to 1963 that being one in 1954 matching the Kezia marriage year. Thus in Kenya, BHO Sr. was already married with no vital record of divorce and in Kenya, Stanley Ann would be single in 1961 if she gave birth there...and she would have transmitted US nationality to baby Barry.

See my vanity thread for a case in the 9th Circuit where a ruling implies Barry would be NBC even if born in Kenya to a single or married mom. I disagree with the ruling, but I'm not a federal judge, of course:

“Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya”

http://www.freerepublic.com/focus/bloggers/2857598/posts?page=1

In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”

422 posted on 07/24/2012 5:27:14 PM PDT by Seizethecarp
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To: oneolcop
Not only are you a skeptic, but you are a very complex and exceedingly accurate legal thinker.

BUT, why attempt to take all of what you said to court, when we have the SOB in a clear case of forgery?
You're a cop, right? Well let's get the DA to hold the marxist SOB on forgery: felony "A," while we try to pin everything from the Chicago Fire to the Lindbergh Kidnapping on his sorry ass.

First things first, copper. "A" to "B," not "A" to "Z."

423 posted on 07/24/2012 5:32:56 PM PDT by Kenny Bunk (What Hawaii gave to Obama, was not what Obama gave to us.)
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To: oneolcop
The question remains, whether anyone in "authority" in the legal and judicial system has the guts to take these facts and render a legally binding decision.

Nope. Q.E.D.

425 posted on 07/24/2012 4:03:35 PM PDT by Kenny Bunk (What Hawaii gave to Obama, was not what Obama gave to us.)
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To: oneolcop

Can you get this information to Sheriff Joe Arpaio and we all ought to send it to our three representatives in D.C. and to our Governor/SoS’s offices as well!!!


556 posted on 07/25/2012 7:10:18 AM PDT by danamco (-)
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