Anonymous ID: 8599eb Aug. 13, 2020, 11:58 p.m. No.10282656   🗄️.is 🔗kun   >>2708 >>2729 >>2743 >>2869 >>2902

Is Kamala Harris a natural born citizen? Here are some court precedents.

 

https://fas.org/sgp/crs/misc/R42097.pdf

 

Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement - CRS Report for Congress Prepared for Members and Committees of Congress

 

Page 49

 

More recent federal cases expressly recognize the principle explained in the nineteenth century and early twentieth century cases that one born in the United States and under its jurisdiction, even when one or both parents were “aliens,” is considered a citizen of the United States by birth, and thus a “natural born” citizen of the United States.

 

The court in Dos Reis ex rel. Camara v. Nicolls, for example, accepted the findings of fact that “The relator was born in the City of Fall River, Massachusetts, on December 31, 1921. His father was a native and citizen of Portugal, and his mother was a native of Brazil,” and that, as found by the Commissioner of Immigration and Naturalization, affirming the decision of the Board of Special Inquiry, “that the relator was a natural-born citizen….”226

 

In Loo Goon Hop v. Dulles, the court found that a person “having been born in this country,” without any reference to, finding, or identification of the citizenship of that person’s parents, is a “natural born citizen of the United States.”227

 

In Yamauchi v. Rogers, the federal court in reciting “findings of fact and conclusions of law,” found that the plaintiff, born in California of a “Japanese national” who had married another “Japanese national,” “is a natural born citizen of the United States….”228

 

In Diaz-Salazar v. INS, the court there noted that children born in the United States, even to an “illegal” (or undocumented) alien father, “are natural-born citizens of the United States.”229

 

Similarly, in Mustata v. U.S. Department of Justice, the United States Court of Appeals, in reciting the facts of the case, noted: “Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States.”230

 

226 68 F.Supp. 773, 774 (D.Mass. 1946). The court there found that even as a natural born citizen, an individual such as relator could expatriate himself under the operation of the existing federal law by performing acts indicating the “voluntary renunciation or abandonment of nationality and allegiance,” such as voluntarily serving in a foreign army.

 

227 119 F.Supp. 808 (D.D.C. 1954): “It is not denied that the person who it is claimed is the plaintiff’s father is a natural born citizen of the United States, having been born in the country.”

 

228 181 F. Supp. 934, 935-936 (D.D.C. 1960).

 

229 700 F.2d 1156, 1160 (7th Cir. 1982), cert. denied, 462 U.S. 1132 (1983).

 

230 179 F.3d 1017, 1019 (6th Cir. 1999). Emphasis added. See also United States v. Carlos Jesus Marguet-Pillado, 648 F.3d 1001, 1006 (9th Cir. 2011), agreeing with the underlying legal accuracy of proposed jury instruction defining “natural born citizen” as including one born in the United States, without reference to the citizenship of one’s parents.