“Yet, SoS issued Obama a CLN after his mother filed a passport renewal application and informed the State Department, as she was required to do per the instructions of the renewal form, Obama would have to be removed from her renewed passport because he had naturalized in a foreign state after she had included him on her old passport.
“Obama’s name in parenthesis (Barack Hussein Obama, Soebarkah) and name struck through are in the instructions of the renewal form to indicate a person who had been included on the old passport and would have to be excluded on the renewed passport because he had naturalized in a foreign state.”
This is all false. There no evidence of any CLN’s after 1967 for Barry or for any minor because SCOTUS ruled it unconstitutional.
Stanley Ann merely removed Barry from her personal passport likely for reasons having nothing to do with his nationality, such as Barry getting his own US passport.
In fact, as I posted upthread, if you look at her sworn statement, sworn in the presence of a US official, Stanley Ann actually affirms that any person in her filing, including Barry, has NOT lost his US citizenship. If he had, she would have had to strike out that term by drawing a line through it before she signed, but she did not. She also would have had to have referenced and included an explanatory statement, such as Barry was adopted and now has an Indonesian passport,which she did not.
Her removal of Barry from her personal passport, Barry would have had to have been a US citizen to have been on her passport in the first place! Therefore under the 1967 Rusk SCOTUS decision, no re-nationalization for Barry would ever be needed unless he personally took action after age 18 resulting in loss of US citizenship. US law regarding citizenship and nationality and NBC status is not governed by Indonesian citizenship or adoption law outside treaties.
As of 1968 Stanley Ann still names Barry’s apparent primary legal name as Barack Hussein Obama and then puts his secondary (inferior) alternate name as (Soebarkah) in parenthesis.
If Barry had been adopted under Indonesian law in a manner recognized by US law as governing, I would expect Stanley Ann to have given his name on her passport as Soebarkah without parenthesis and the put BHO in parenthesis.
By approving Chief Justice Warren's reasoning in Perez, the Court merely indicated the limits of the Afroyim holding. Moreover, Justice Black, in opinions both before and after Afroyim, has indicated that Congress may declare some acts presumptive of an intent to expatriate.
http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2608&context=californialawreview
Afroyim v Rusk applied to US Citzens who obtained another nationality and voted ... Sec 401(e). Other sections of the Act survived. Rusk continued to issue CLNs to U.S. Citizens when they did not expressly announce an intent to renounce. Consequently, the State Department issued a policy of notifying minors who had been issued CLNs of an opportunity to recapture their U.S. Citizenship until 6 months after their 18th birthday. Obama was an Indonesian National and not a U.S. Citizen nfrom 1968 to 1983. After 1983, Obama was a naturalized U.S. Citizen.
The Soetoro adoption was finalzed in Hawaii. Adoptions are not instaneous. The adoption process began with Stanley Ann and Lolo getting married.
From the time the Soetoro marriage and finalized adoption (approximately 2 years), Obama was Lolo's step-son. After the adoption was finalized in Hawaii, Obama's name was changed to Barry Soetoro, the Soetoro COLB was created and Lolo Soetoro was named as the paternal parent on the COLB.
The original long form BC with BHO Sr. as the paternal parent was sealed and archived when the Soetoro adoption was finalized in Hawaii.
The Soetoro COLB was sealed and archived after Obama returned to Hawaii in 1971 and the Court annulled the Soetoro adoption. A new COLB was ordered by the Court to indicate BHO Sr. as paternal parent with his race listed as "African".
Furthermore, the Court order Obama to remain in the custody of Catholic Social Services of Connecticut with Madelyn Payne as his guardian. Lolo and Stanley Ann were stripped of their parental rights in 1971 and could not claim Obama as their dependent from 1971 until 1979 (18th birthday).
After Obama's 18th birthday, the Soetoro's claimed Obama to be an over 18 YO , dependent upon them for education expenses.
In fact, as I posted upthread, if you look at her sworn statement, sworn in the presence of a US official, Stanley Ann actually affirms that any person in her filing, including Barry, has NOT lost his US citizenship. If he had, she would have had to strike out that term by drawing a line through it before she signed, but she did not. She also would have had to have referenced and included an explanatory statement, such as Barry was adopted and now has an Indonesian passport,which she did not. Her removal of Barry from her personal passport, Barry would have had to have been a US citizen to have been on her passport in the first place! Therefore under the 1967 Rusk SCOTUS decision, no re-nationalization for Barry would ever be needed unless he personally took action after age 18 resulting in loss of US citizenship. US law regarding citizenship and nationality and NBC status is not governed by Indonesian citizenship or adoption law outside treaties.
Not true. The instructions you are talking about apply to person to be included. in the renewed passport. Persons to be excluded from the renewed passport are indicated in the Amend (Exclude) Section.
Stanley Ann wrote the name of the individual previously included on the old passport in the Section to Amend (Exclude) the individual from being on the renewed passport. Furthermore, Stanley Ann struck Obama's name after enclosing the name in parenthesis to indicate this person would be excluded because he had naturalized in a foreign state. If the State Department would provide a complete copy of Stanley Ann's passport records, then we would see a supplementary explanation as to why she struck Obama's name out on her renewed passport.
The Soetoro adoption had not been finalized when Stanley Ann included Obama on her old passport. Consequently, his legal name was Barack Hussein Obama. After the Soetoro adoption was finalized, his legal name became Barry Soetoro. If Stanley Ann had intended to merely indicate a legal name change on the renewed passport, then she would have written the amendment with parenthesis in the AMEND (EXCLUDE) Section. Clearly, Stanley Ann was excluding Obama from her U.S. Passport because he is now Indonesian.