Skip to comments.Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)
Posted on 03/11/2012 9:23:03 AM PDT by Seizethecarp
In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his III Analysis dicta, states: No one disputes that Marguet-Pillados requested instruction was an accurate statement of the law, in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements. On March 1, Sheriff Arpaios Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obamas long form birth certificate was forged, newspaper birth announcements were unreliable, and that there was now no proof that Obama was born in the USA. A week earlier, with full knowledge of what the Arpaio Posses findings would be, constitutional scholar Obamas legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obamas lawyers in the PA and GA MTD filings: President Obama was a United States citizen from the moment of his birth inHawaii. Since he held citizenship from birth, all Constitutional qualifications have beenmet. Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. App., 2009); see,United States v. Marguet-Pillado , 648 F.3d 1001, 1006 (9thCir., 2011). There is no basis to question the Presidents citizenship or qualifications to hold office. www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf
IMO, the timing of this citation by Obama and his legal team shows consciousness of guilt that he is actively hiding his actual foreign birth, which most likely would be in Kenya. The defendant in the Marguet-Pillado case was born in Mexico to a Mexican citizen mother and had stipulated in an earlier trial (reversed and remanded) that the US citizen named Marguet that appeared on his Mexican birth certificate was not his natural father. Why would Obama cite to a case which adds nothing at all towards establishing his eligibility if he were, in fact, born in the US? Here is the Opinion from the case, which does not appear to apply to Obama at all:
GWIN, District Judge:
"Defendant-Appellant Carlos Marguet-Pillado ('Marguet- Pillado') appeals his conviction for being a previously removed alien found in the United States, in violation of 8 U.S.C. § 1326. With his appeal, Marguet-Pillado argues that the district court erred in refusing to give a requested jury instruction. The instruction would have permitted Marguet-Pillado to argue that the government had failed to establish that Marguet-Pillado was an alien who had not obtained derivative citizenship from his step-father, a United States citizen listed on Marguet-Pillados birth certificate as his father. The district court rejected the instruction after finding that an earlier appeal in this case relieved the government of the burden of establishing alienage in the second trial. Because we find that in the second trial, Marguet-Pillado could require the government to come forward with proof that Marguet-Pillado was an alien and did not have derivative citizenship, we REVERSE Marguet- Pillados conviction and remand this case for a new trial."
If born in Kenya, whether Obama would even be a US citizen at birth (natural born or not) would depend on whether his parents were legally married. INS records show that BHO Sr. was deported based substantially on suspicion that he had entered into a bigamous marriage with Stanley Ann Dunham. Below are the State Department rules for married vs unmarried foreign births with a US citizen mom:
Birth Abroad to One Citizen and One Alien Parent in Wedlock:
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the persons birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the persons birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.
Ironically, if Obama was born in Kenya it would be to his advantage for him to have been born out-of-wedlock because, as can be seen above, his mother meets the residency requirement to pass citizenship to him if she was single while she does NOT meet the residency requirement to pass citizenship to him if she were legally married to BHO Sr.
Bottom line is that the Obama legal team is now claiming that Marguet-Pillado applies to Obama and that case would make the out-of-wedlock Kenya-born child of an eighteen-year-old US citizen mother a "natural born citizen" according to the two-judge 9th Circuit majority and eligible to be president of the United States according to the Obama legal team. This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
Note that the Congressional Research Service has also jumped to endorse the Marguet-Pillado case as affirming that a foreign born child biologically-related to a US citizen is a citizen at birth and thus a natural born citizen and thus eligible to be POTUS:
Concerning the contention made in earlier cases that everyone who is made a citizen only by federal statute is a naturalized citizen (even those who are made citizens at birth by statute), itmay be noted that the common understanding and usage of the terms naturalized and naturalization, as well as the precise legal meaning under current federal law, now indicate that someone who is a citizen at birth is not considered to have been naturalized.
Justice Breyer, for example, dissenting on other grounds in Miller v. Albright, explained that this kind of citizenship, that is, under statutes that confer citizenship at birth, was not intended to involve[ ] naturalization, citing current federal law at 8 U.S.C. § 1101(a)(23). The Supreme Court recently recognized in Tuan Anh Nguyen v. INS, that federal law now specifically defines naturalization as the conferring of nationality of a state upon a person after birth, and thus it could be argued that by current definition and understanding in federal law and jurisprudence, one who is entitled to U.S. citizenship automatically at birth or by birth could not be considered to be naturalized. The United States Court of Appeals for the Ninth Circuit has specifically recognized in a recent case that one may be a natural born citizen of the United Sates in two ways: either by being born in the United States, or by being born abroad of at least one citizen-parent who has met the residency requirement. In United States v. Carlos Jesus Marguet-Pillado, a case dealing with the propriety of an appeal based on requested jury instructions not given, the court stated:
No one disputes that Marguet-Pillados requested instruction was an accurate statement of the law, in that it correctly stated the two circumstances in which an individual born in 1968is a natural born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.
It shouldn’t matter if he’s NBC for the next election because nobody should vote for a POTUS who is serving out a conviction for fraud and treason.
Basically Obama’s re-election chances hinge on whether or not we have the rule of law in this country. If we don’t, then ANYBODY could get elected OR usurp the office of the Presidency in any other way. We are in a lawless state right now.
Interesting, though, that they’re starting to switch their strategy to accommodate the possibility that it will be found out that he was foreign-born. Inconceivable, though, that they would think that he would have any chance of being re-elected if it was found that he was born elsewhere and that everything he has presented, and that the whole system claims to have validated, is actually a filthy lie. Clearly they believe that not only the rule of law is gone but also any concern by the PUBLIC for truth. If they think they are this invincible, it suggests to me that they have a way of MAKING SURE that the truth and the rule of law cannot matter.
This sounds like a tacit admission that The Stain KNOWS full and well that he is NOT eligible at all to occupy OUR White House.
That being the case, he needs to be removed IMMEDIATELY!!
I thought the born out of wedlock status of his Mom, the laws changed in around 1967 and the previous definition, she didn’t meet those requirements. Been awhile since I read them, so maybe I’m not remembering it accurately.
Helps to define MURDER of aborted infant citizens BORN alive and done in by neglect or actual premeditated actions.
He learned well from his mentor Bill Ayers. I'm sure his SS# is fraudulent too.
This is a clear cut case of High crimes and Misdemeanors....throw in Treason for good measure. The eligibility matter really doesn't matter anymore.
As someone once said----forgeries are forever.
Just trying to head ‘em off at the pass.
Let’s see: This doesn’t apply to POTUS, but if it did...
>>Ironically, if Obama was born in Kenya it would be to his advantage for him to have been born out-of-wedlock because, as can be seen above, his mother meets the residency requirement to pass citizenship to him if she was single while she does NOT meet the residency requirement to pass citizenship to him if she were legally married to BHO Sr.<<
Now, there’s a winning slogan: “Vote for the b*st*rd.”.
This citizenship requirement is just a remnant of quaint ideas held by the writers of the Constitution, which is a living, breathing document that needs to be changed whenever a program or person advances the power and influence of the federal government.
We need more unconstitutional police, too. They watch over us and protect us, so help me, Creator.
A little girl like stanley Ann wasn’t going all the way to Kenya with the married guy who knocked her up. She most likely went to Canada, where all the Seattle girls in trouble disappeared to.
Is there any way to spread that the president is using this case as his defense??
So is Rommey qualifgied to be POTUS? From what I understand he and his father were born in mexico.
Nope. As can be seen from the State Dept quotes I provided it was the residency requirement for the woman that was married to an alien and gave birth outside the US that changed (was lowered). The change would have made Obama eligible to be a citizen if his parents were legally married and he was born after the change (he wasn't). Stanley Ann did not meet the five year residency after age 14 that was the law in 1961 if she was married to BHO Sr. She would have had to be 19 when she gave birth, but she was only 18. Since I believe she wasn't legally married in either Hawaii or Kenya due to BHO Sr's legal tribal, non-Muslim marriage to Kezia.
The issue is that his alleged "father," Barack Obama, Sr. was not a US citizen, which means that Ann Dunham's son Steve is not a natural born citizen, which means he is ineligible.
Ok, thanks . . . I had forgotten the 5 years 18 vs. 19 and IF her marriage was illegal then that does change it to the illegitimate version . . . but doesn’t born of two parents still apply whether they were married legally or not?
I just did! FR is widely read and easily searched. I suspect that the Obot Fogbowers might even stop pretending that Obama was born in the US and stop pretending that his parents weren't bigamously married and now start defending his POTUS eligibility even if Kenyan born and even if born out-of-wedlock.
“Bottom line is that the Obama legal team is now claiming that Marguet-Pillado applies to Obama and that case would make the out-of-wedlock Kenya-born child of an eighteen-year-old US citizen mother a “natural born citizen” according to the two-judge 9th Circuit majority and eligible to be president of the United States according to the Obama legal team. This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:”
I see it is according to the 9th Circuit. Hmmmm. That lessens the probability of the Supremes or other circuit courts agreeing with them. In my opinion.
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