He had to be 16 or older to de nationalize, and it had to be done at us consulate overseas. He was 16 in 1977, and in 1977 he was in high school in Hawaii.
“He had to be 16 or older to de nationalize, and it had to be done at us consulate overseas. He was 16 in 1977, and in 1977 he was in high school in Hawaii.”
Not true. Anyone of any age can move out of the country and forfeit their U.S. Citizenship. You are referencing a formal renunciation of citizenship where the State Department dictates terms and conditions where the SoS will agree to issue a CLN. It’s policy and not law.
Obama expatriated by taking a foreign oath of allegiance to Indonesia during the naturalization process and by preponderance of the evidence establishing intent to relinquish U.S. Citizenship.
Look at his mother’s passport records. She clearly stated she planned to stay in Indonesia indefinitely. That establishes intent to forfeit U.S. Citizenship. When she amended her passport to exclude her son because he naturalized in a foreign state, that established the basis for issuing a CLN.
Again, you are citing a formal renouncement regulations. Obama renounced informally by taking an oath of foreign allegiance and stating, by application from his mother, he planned to stay in Indonesia indefinitely.
Expatriation by foreign naturaliztion
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45077/0-0-0-51349.html
In 1967, 68 the Soetoro’s only planned to return to the U.S for visits. Stanley Ann told the State Department she planned to stay in Indonesia indefinitely. She renewed her passport in Jan. 1971 and informed the State Department she was returning home (Indonesia).
Afroyim v. Rusk was decided by SCOTUS in 1967. Afroyim was refused a passport after he applied. The SCOTUS holding was that an expatriate could not be refused a passport for voting in foreign elections after a CLN had been issued. It did not say the State Department could not issue a CLN. SCOTUS did say, absent a formal renunciation by the expatriate, a expatriate could demand a passport renewal and the CLN must be withdrawn by the State Department.
Obama had the opportunity to demand his CLN be withdrawn until 6 months after his 18th birthday. He chose not to. He naturalized in 1983.