Posted on 10/07/2011 9:05:25 AM PDT by edge919
It has been claimed by Obama apologists that in relatively recent cases, circuit courts have given their opinion on the term "natural-born citizen" as meaning nothing more than being born in the country. Supposably this would presume that Obama, if it can be legally proven that he was born in the United States, as he claims, is a natural-born citizen in spite of being born of a foreign national father and NOT being born to citizen parents, as the Supreme Court defined NBC in Minor v. Happersett, etc.
One example of such a recent decision is Diaz-Salazar v. the INS (1982), in which it says:
The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.
But, there's a problem. Following the guidance in this case, the children, despite the claim of being NBCs, would have been deported with their father.
In the case at hand, no special circumstances are presented sufficient to bring petitioner's situation within the extreme hardship standard. His children are still of pre-school age and thus less susceptible to the disruption of education and change of language involved in moving to Mexico. There are no unique reasons why petitioner, in comparison with the many other Mexicans in his situation now resident in the United States, will be unable to find employment upon returning to Mexico or why he or any member of his immediate family requires health care available only here. Thus, although we recognize the unhappy prospects which the petitioner faces, we cannot hold that the BIA abused its discretion in denying the petitioner's motion to reopen deportation proceedings.
(Excerpt) Read more at openjurist.org ...
One can be placed on a deportation bus, the child of citizen parents cannot.
Agreed, the notion that a "natural born citizen" can be forced out of the country because of the circumstances of his father is so preposterous that only seriously misguided persons could give it credence. I would love to hear them explain how their theory would hold up to my "merry-go-round of citizenship!"
Build a large merry-go-round on the border between Mexico and the U.S.A., Load it up with Pregnant foreign women, give it a spin, and then GUESS which ones will be Americans! :)
http://www.nytimes.com/2010/09/21/us/21bar.html?_r=1
I love the way you blow these silly b@stards to H3ll! :)
Hush child, adults are conversing.
Children should be seen but not heard. You have the patience of a saint. I cannot understand why you expended so much effort on someone who clearly lacks the comprehension to grasp your point. She is in Mr. Rogers territory, as far as i'm concerned.
Anything filtered through you sounds like nonsense.
One is not evidence of the other.
She should go sit in her tank and learn to think. You can't say I didn't warn you! :)
You have to forgive her. She doesn't get anything the first hundred times it is explained to her.
My BFF Fabia Sheen, Esq, a lawyer, wrote most of this and you just know how she has your number, Mr. Perry Mason!!! So There!!!
After Defacto deportation.
It sounds like the girl was deported because everything happened so suddenly, and the law on this is in flux.
Overlooks the point that had BOTH parents been aliens, Child would have been absolutely deported and likely prevented from returning prior to age of maturity. Misinterpreting the 14th amendment sure does cause a bunch of nonsense, doesn't it?
In any case, in the 1960s you probably wouldn't have seen a US WWII veteran's grandchild deported because his daughter had once been married to an African who overstayed his visa.
Again, misses the point. If the Husband got deported, and the wife went with him, the entire family was defacto deported. Happened to Lolo Soetoro.
The "Brain Atrophy" Test
My BFF Fabia Sheen, Esq, a lawyer, wrote most of this and you just know how she has your number, Mr. Perry Mason!!! So There!!!
Reading ANYTHING you write is a "Brain Atrophy Test."
Nope
The argument placed before the judge was stated as including:
The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.
The Judge did not directly address the definition of "natural-born" citizenship. The judgement was concerning deportation.
With a little effort I can cite you the portion of the Naturalisation and Immigration Act of 1952 and subsequent revisions that actually concern the requirements of "natural-born" citizenship.
It is not what you try to state. It requires both parents be citizens, with undivided loyalties. Citizenship by birth is another matter, if you are born on U.S. soil your a citizen, but not a natural born citizen unless both parents were citizens at the time of birth.
Deport 4-year-old citizens? New guidelines, now
Hello,
I am writing out of deep concern over what happened to four-year-old Emily Samantha Ruiz, who was wrongly shipped off to Guatemala despite being a US citizen. In addition to immediately reuniting her with her parents in Brentwood, NY, I urge you to launch a thorough investigation into this incident and establish clear guidelines to prevent this from ever happening again.
Emily is far from the only U.S. citizen child at risk of this kind of separation from her family. Nearly 4 million citizen children have at least one undocumented parent, according to the Pew Hispanic Center, and unless new guidelines are put into place, there is nothing to prevent US Customs and Border Patrol from reenacting this deplorable situation.
Again, I urge you immediately reunite Emily and her family, and I ask that you establish clear guidelines so that parents and their US citizen children will never be put in this terrible situation again.
[Your name]
“Despite being an American citizen, a four-year-old girl was subjected to de facto deportation to Guatemala last week with her parents left helpless on Long Island, according to her family and a lawyer representing them.”
Long Island Congressman Steve Israel is calling for Homeland Security to review the policies and procedures that allowed a 4-year-old girl—who is a US citizen—to be sent to Guatemala last week.
Emily Samantha Ruiz was subjected to de facto deportation to Guatemala while her parents—who are undocumented and live in Brentwood—say that they were left without the option to bring her home.
To refresh your memory - my post:
Refute something, and they move on to a different (usually inaccurate) claim. The sad part is the next thread will be repeating the already debunked claims all over again.You replied:
We could TEST your theory if you guys had ever managed to successfully refute anything, as that bridge has not been crossed yet, we may never know.I have refuted something on this thread (and other assertions on previous threads). The claim was made that the courts had deported children of aliens, when the children were born on US soil and the court described said children as natural born in "the facts of the case."
I have refuted that. None of these children were deported. Can you acknowledge the error and refutation?
“SCOTUS said the child was not deported”
Not true. The SCOTUS said no such thing. You are lost in your little spin world. Get back to reality.
Did you bother to follow the link and read? Or are you just claiming something with no real idea of what you are talking about?
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