tuaua, us addendum to appellee's brief

8/11/2019 Tuaua, US Addendum to Appellee's Brief

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UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

______________________________

No. 13-5272

LENEUOTI F. TUAUA, et al. , Appellants,

v.

UNITED STATES OF AMERICA, et al. , Appellees.

_______________

Addendum of Relevant Statutory Provisions to Appellees Brief

8 U.S.C. 1101. Definitions

(a) As used in this chapter

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(29) The term outlying possessions of the United States means AmericanSamoa and Swains Island.

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(36) The term State includes the District of Columbia, Puerto Rico, Guam,the Virgin Islands of the United States, and the Commonwealth of the NorthernMariana Islands.

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USCA Case #13-5272 Document #1507113 Filed: 08/11/2014 Page 1 of 11


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(38) The term United States, except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States,Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and

the Commonwealth of the Northern Mariana Islands.

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8 U.S.C. 1401. Nationals and citizens of United States at birth.

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo,Aleutian, or other aboriginal tribe: Provided, That the granting of citizenshipunder this subsection shall not in any manner impair or otherwise affect theright of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom hashad a residence in the United States or one of its outlying possessions, priorto the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions fora continuous period of one year prior to the birth of such person, and theother of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parentsone of whom is a citizen of the United States who has been physically

present in the United States or one of its outlying possessions for acontinuous period of one year at any time prior to the birth of such person;



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8 U.S.C. 1402. Persons born in Puerto Rico on or after April 11, 1899

All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13,1941, subject to the jurisdiction of the United States, residing on January 13, 1941,in Puerto Rico or other territory over which the United States exercises rights ofsovereignty and not citizens of the United States under any other Act, are declaredto be citizens of the United States as of January 13, 1941. All persons born inPuerto Rico on or after January 13, 1941, and subject to the jurisdiction of theUnited States, are citizens of the United States at birth.

8 U.S.C. 1403. Persons born in the Canal Zone or Republic of Panama on orafter February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both atthe time of the birth of such person was or is a citizen of the United States, isdeclared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, andwhether before or after the effective date of this chapter, whose father or mother or

both at the time of the birth of such person was or is a citizen of the United Statesemployed by the Government of the United States or by the Panama RailroadCompany, or its successor in title, is declared to be a citizen of the United States.

8 U.S.C. 1404. Persons born in Alaska on or after March 30, 1867

A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, isa citizen of the United States at birth. A noncitizen Indian born in Alaska on orafter March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of theUnited States as of June 2, 1924. An Indian born in Alaska on or after June 2,1924, is a citizen of the United States at birth.



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8 U.S.C. 1405. Persons born in Hawaii

A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, isdeclared to be a citizen of the United States as of April 30, 1900. A person born in

Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, isdeclared to be a citizen of the United States as of April 30, 1900.

8 U.S.C. 1406. Persons living in and born in the Virgin Islands

(a) The following persons and their children born subsequent to January 17, 1917,and prior to February 25, 1927, are declared to be citizens of the United States as

of February 25, 1927:

(1) All former Danish citizens who, on January 17, 1917, resided in theVirgin Islands of the United States, and were residing in those islands or inthe United States or Puerto Rico on February 25, 1927, and who did notmake the declaration required to preserve their Danish citizenship by article6 of the treaty entered into on August 4, 1916, between the United States andDenmark, or who, having made such a declaration have heretoforerenounced or may hereafter renounce it by a declaration before a court ofrecord;

(2) All natives of the Virgin Islands of the United States who, on January 17,1917, resided in those islands, and were residing in those islands or in theUnited States or Puerto Rico on February 25, 1927, and who were not onFebruary 25, 1927, citizens or subjects of any foreign country;

(3) All natives of the Virgin Islands of the United States who, on January 17,1917, resided in the United States, and were residing in those islands onFebruary 25, 1927, and who were not on February 25, 1927, citizens orsubjects of any foreign country; and

(4) All natives of the Virgin Islands of the United States who, on June 28,1932, were residing in continental United States, the Virgin Islands of the



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person born before August 1, 1950, he has taken no affirmative steps to preserve oracquire foreign nationality.

(c) Any person hereinbefore described who is a citizen or national of a country

other than the United States and desires to retain his present political status shallhave made, prior to August 1, 1952, a declaration under oath of such desire, saiddeclaration to be in form and executed in the manner prescribed by regulations.From and after the making of such a declaration any such person shall be held notto be a national of the United States by virtue of this chapter.8 U.S.C. 1408. Nationals but not citizens of the United States at birth

Unless otherwise provided in section 1401 of this title, the following shall be

nationals, but not citizens, of the United States at birth:

(1) A person born in an outlying possession of the United States on or after thedate of formal acquisition of such possession;

(2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had aresidence in the United States, or one of its outlying possessions prior to the birthof such person;

(3) A person of unknown parentage found in an outlying possession of the UnitedStates while under the age of five years, until shown, prior to his attaining the ageof twenty-one years, not to have been born in such outlying possession; and

(4) A person born outside the United States and its outlying possessions of parentsone of whom is an alien, and the other a national, but not a citizen, of the UnitedStates who, prior to the birth of such person, was physically present in the UnitedStates or its outlying possessions for a period or periods totaling not less thanseven years in any continuous period of ten years--

(A) during which the national parent was not outside the United States or itsoutlying possessions for a continuous period of more than one year, and



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(B) at least five years of which were after attaining the age of fourteen years.

The proviso of section 1401(g) of this title shall apply to the national parent underthis paragraph in the same manner as it applies to the citizen parent under that

section.

8 U.S.C. 1440. Naturalization through active-duty service in the ArmedForces during World War I, World War II, Korean hostilities, Vietnamhostilities, or other periods of military hostilities

(a) Requirements

Any person who, while an alien or a noncitizen national of the United States, hasserved honorably as a member of the Selected Reserve of the Ready Reserve or inan active-duty status in the military, air, or naval forces of the United States duringeither World War I or during a period beginning September 1, 1939, and endingDecember 31, 1946, or during a period beginning June 25, 1950, and ending July1, 1955, or during a period beginning February 28, 1961, and ending on a datedesignated by the President by Executive order as of the date of termination of theVietnam hostilities, or thereafter during any other period which the President byExecutive order shall designate as a period in which Armed Forces of the UnitedStates are or were engaged in military operations involving armed conflict with ahostile foreign force, and who, if separated from such service, was separated underhonorable conditions, may be naturalized as provided in this section if (1) at thetime of enlistment, reenlistment, extension of enlistment, or induction such personshall have been in the United States, the Canal Zone, American Samoa, or SwainsIsland, or on board a public vessel owned or operated by the United States fornoncommercial service, whether or not he has been lawfully admitted to the UnitedStates for permanent residence, or (2) at any time subsequent to enlistment orinduction such person shall have been lawfully admitted to the United States for

permanent residence. The executive department under which such person servedshall determine whether persons have served honorably in an active-duty status,and whether separation from such service was under honorable conditions:Provided, however, That no person who is or has been separated from such serviceon account of alienage, or who was a conscientious objector who performed no



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military, air, or naval duty whatever or refused to wear the uniform, shall beregarded as having served honorably or having been separated under honorableconditions for the purposes of this section. No period of service in the ArmedForces shall be made the basis of an application for naturalization under this

section if the applicant has previously been naturalized on the basis of the same period of service.

22 U.S.C. 211a. Authority to grant, issue, and verify passports.

The Secretary of State may grant and issue passports, and cause passports to begranted, issued, and verified in foreign countries by diplomatic and consularofficers of the United States and by such other employees of the Department of

State who are citizens of the United States as the Secretary of State may designate,and by the chief or other executive officer of the insular possessions of the UnitedStates under such rules as the President shall designate and prescribe for and on

behalf of the United States and no other person shall grant, issue, or verify such passports. Unless authorized by law, a passport may not be designated as restrictedfor travel to or for use in any country other than a country with which the UnitedStates is at war, where armed hostilities are in progress, or where there is imminentdanger to the public health or the physical safety of United States travellers.

22 U.S.C. 212. Persons entitled to passport

No passport shall be granted or issued to or verified for any other persons thanthose owing allegiance, whether citizens or not, to the United States.

22 U.S.C. 2705. Documentation of citizenship

The following documents shall have the same force and effect as proof of UnitedStates citizenship as certificates of naturalization or of citizenship issued by theAttorney General or by a court having naturalization jurisdiction:

(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of theUnited States.



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(2) The report, designated as a Report of Birth Abroad of a Citizen of theUnited States, issued by a consular officer to document a citizen bornabroad. For purposes of this paragraph, the term consular officer includes

any United States citizen employee of the Department of State who isdesignated by the Secretary of State to adjudicate nationality abroad

pursuant to such regulations as the Secretary may prescribe.

48 U.S.C. 1431 (notes) Samoa, Tutuila, Manua, Swains Island, and TrustTerritory of the Pacific Islands ( 1431 to 1440. Transferred)

Codifications

Section 1431, Act Mar. 4, 1925, c. 563, 43 Stat. 1357, which related to sovereigntyof United States extended over Swains Island, was transferred to section 1662 ofthis title.

Section 1431a, Acts Feb. 20, 1929, c. 281, 45 Stat. 1253; May 22, 1929, c. 6, 46Stat. 4, which related to islands of Tutuila, Manua, and Eastern Samoa, wastransferred to section 1661 of this title.

Section 1432, Act June 28, 1906, c. 3585, 34 Stat. 552, which related toacknowledgment of deeds in the islands of Samoa, was transferred to section 1663of this title.

Section 1433, Act June 14, 1934, c. 523, 48 Stat. 963, which related toinapplicability of coastwise shipping laws to Samoa, was transferred to section1664 of this title.

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SECTION 303. All persons born in the Commonwealth on or after the effectivedate of this Section and subject to the jurisdiction of the United States will becitizens of the United States at birth.

SECTION 304. Citizens of the Northern Mariana Islands will be entitled to all privileges and immunities of citizens in the several States of the United States.


tuaua, us addendum to appellee's brief

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