(internal quotations omitted)). Indeed, all but the Sitzman Plaintiffs fail to plead even the barest of facts to indicate that they have a plausible argument that any of the parents met the residence requirements of 8 U.S.C. § 1401(c). C. The Declaratory Judgment Act The Declaratory Judgment Act does not create an independent basis for district-court jurisdiction.

For any or all of the foregoing reasons, the Court should reject Plaintiff’s effort and dismiss this lawsuit with prejudice. 9 Today, the relevant law is codified at 8 U.S.C. § 1401(g) (2012): “The following shall be nationals and citizens of the United States at birth: . . . a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.” Case 4:16-cv-00106 Document 14 Filed in TXSD on 02/22/16 Page 34 of 36 25 Respectfully submitted, _/s/ Layne E. Kruse_____________________ Layne E. Kruse Texas Bar No. 11742550 Federal ID No. 2383 layne.kruse@nortonrosefulbright.com S. Lee Whitesell Texas Bar No. 24093356 Federal ID No. 2716924 lee.whitesell@nortonrosefulbright.com Darren P. Lindamood Texas Bar No. 24073560 Federal ID No. 1430919 darren.lindamood@nortonrosefulbright.com 1301 McKinney, Suite

At the time of Obama’s travels, Obama was twenty (20) years old. If Obama was required to give affirmation of allegiance to Indonesia to secure his Indonesian Passport or in renewing, which is required every five (5) years, his Indonesian passport and/or traveling on said passport, Obama was giving affirmation or reaffirmation of allegiance to Indonesia in violation of 8 U.S.C. 1401(a)(1). Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state...after having attained the age of eighteen years provides loss of nationality by native born citizens, 8 USC §1481(a)(2).

Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944). Obama could only have become a U.S. citizen if naturalized, and a naturalized citizen is not qualified and/or eligible to run for the office of President of the United States.

The question is whether there was a statute conferring citizenship on Senator McCain at the time he was born. Since 8 U.S.C 1401 did not exist in 1936, the question is whether Senator McCain was a citizen under Congress’ Act of May 24, 1934, Pub. L. No. 73-250, § 1, 48 Stat.

Instead, Alabama has impermissibly established a registration scheme for children (and derivatively their parents) akin to the one the 9 Moreover, simply because a child is born outside of the United States does not preclude the possibility that the child is a United States citizen—for example, by having a parent or parents who are United States citizens, the naturalization of a parent, and adoption by a United States citizen. See, e.g., 8 U.S.C. §§ 1401(c)-(g) (birth abroad to United States citizen parent(s)), 1431(a)-(b) (citizenship through naturalization of a parent or through adoption). Case 2:11-cv-02746-SLB Document 2 Filed 08/01/11 Page 57 of 85 47 Supreme Court invalidated in Hines, and the scheme is preempted for that further reason as well.

Id. 7 Defendants are mindful of the Court’s August 22, 2008 order requiring the parties to provide the Court with their views on whether Senator McCain is a “citizen by birth in accordance with 8 U.S.C. 1401 and its predecessor, Act of May 24, 1934, Pub. L. No. 73-250, sec.

# 21, p.1). From that premise, he goes on to cite provisions of the UCC and 8 U.S.C. § 1401 as legal support for the position that he has a perfected priority claim to the defendant property, which is tribal property protected by statute. (Dkt.