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To: Cboldt

Naturalized means he went before a court and was made a citizen. That did not happen.


93 posted on 01/24/2016 6:34:30 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
-- Naturalized means he went before a court and was made a citizen. --

Until you cite a legal authority for that proposition, it is merely you and others flapping their gums. Magic thinking. Blinders. Childish "nyah nyah nyah nyah" argument may make you feel better, but it is a loser in court.

Congress is empowered by the Constitution to "establish an uniform Rule of Naturalization," Art. I, S: 8. Anyone acquiring citizenship solely under the exercise of this power is, constitutionally speaking, a naturalized citizen.
Rogers v. Bellei, 401 U.S. 815 (1971)
101 posted on 01/24/2016 6:47:43 AM PST by Cboldt
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To: driftdiver
-- Naturalized means he went before a court and was made a citizen. That did not happen. --

In the US Department of State Foreign Affairs Manual Volume 7, at 7 FAM 1441.3 "Role of the Consular Officer," (page 4 of the pdf) it says that, "The consular officer is responsible for adjudication of a U.S. citizenship claim for applicants for a Form FS-240 ..." That is the Consular Record of Birth Abroad. The predecessor to FS-240 was FS-545. Cruz would have an FS-545 if his mom and/or dad applied for one before they left Canada.

My point though, is that the claim was adjudicated.

7 FAM 1100 is also informative, although not an authority. In other words, it restates the legal authority, but is not itself the legal authority.

7 FAM 1113 probes the legal definition of "not included in the meaning of 'in the United States'" I point it out just because it is interesting, not becuase it has bearing on the Cruz case.

155 posted on 01/24/2016 2:02:47 PM PST by Cboldt
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