Obama should have been deported with Barak Sr.
700 f2d 1156 diaz-salazar v. immigration and naturalization service ^ | October 9, 2011 | 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 ...
And there's more. Another case that has been cited is NWANKPA v. KISSINGER (1974), which claims the child of an exchange visitor is a "natural-born citizen".
The Plaintiff was a native of Biafra, now a part of the Republic of Nigeria. His wife and two older children are also natives of that country, but his third child, a daughter, is a natural-born citizen of the United States. It appears from the complaint that the Plaintiff and his wife have adapted well to life in the United States, have actively participated in the educational, civic and social work in this country and have made valuable contributions to the communities in which they have lived. The Plaintiff was originally in this country on an Exchange Visitor Program No. G-I-1, and in 1965, he was transferred to a classification under the Exchange Visitor Program No. P-I-655. His authorization to remain in the United States as a student was extended on several occasions, and on November 5, 1970, his petition for a sixth preference immigrant status was approved.
Here's the problem: "... under the Immigration and Naturalization Act [aliens] must return to their native land for a two-year residential period before seeking to apply for an immigrant visa, or for permanent residence ..." The plaintiff was trying to waive this requirement and the court said no. The problem then is that he AND his family were forced to return to their native country. In a footnote, the court said, after denying the plaintiff's petition:
As quoted in Silverman v. Rogers, supra, 437 F.2d at 106, the judiciary subcommittee stated: "It is believed to be detrimental to the purposes of the program and to the national interests of the countries concerned to apply a lenient policy in the adjudication of waivers including cases where marriage occurring in the United States, or the birth of a child or children, is used to support the contention that the exchange alien's departure from this country would cause personal hardship."
link
What these cases illustrate, is that the courts only take the claim of natural-born citizenship at face value. It's not based on an examination of what the actual legal definition of the term is. Second, in these cases, the children are NOT being treated as natural-born citizens. Children who are allegedly born in the country of nonimmigrant aliens, even those aliens who are legal, are not protected by the law from deportation. IOW, the law doesn’t look or treat these children as “natural-born citizens.” To call such children “natural-born citizens” is therefore nothing more than a wishful delusion.
Next, this shows that birth on U.S. soil to such an alien does not negate the child nor parents from being subject to a foreign power, since they are being forced to leave the United States and return to their native country. Not only then does this negate the idea that such a child is natural born, but it further invalidates any legitimate claim to 14th amendment citizenship.
When we apply these situations to Barry Soebarkah Soetoro Hussein Obama, we see that even if he could prove he was born in the United States, he would not have been legally considered to be a natural-born citizen. Had Obama’s mama gone to Harvard with her husband (instead of having a sham marriage), the whole family would have been sent back to Kenya when Barak's Sr.'s application for temporary stay was denied. And yes, kids, Barak Sr. was being denied the legal right to stay in the United States. See page 20 in the immigration files:
link to immigration file
Natural-born citizens don’t get sent back to their father’s foreign country. Also, Lolo Soetoro's petition to waive the requirement to return to his native country for two years was denied. This is why his family was in effect forced to move to and live in Indonesia. This explains why Obama would have been considered to be an Indonesian citizen (he was most likely adopted and became an automatic Indonesian citizen anyway).
The other point that needs to be emphasized is that these examples illustrate how these children of aliens do not fit the concept of natural born citizen as John Jay wrote about to George Washington. Birth on soil alone would never be sufficient to provide the “strong check to the admission of foreigners into the administration of our national government.” The law has treated these children of aliens as foreigners who needed to be sent back to their native country. As the child of an alien who was sent back to Kenya, Obama should have been deported along with him. The only thing that saved him was that his mom was evidently dumped before he was born or that there was never any marriage to begin with. Maybe this would make Obama a natural-born bastard. It does NOT make him a natural-born citizen.
