Section 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

3 Citing briefs

  1. BERG v. OBAMA et al

    RESPONSE in Opposition re MOTION to Dismiss Brief in Support thereof and proof of service

    Filed September 29, 2008

    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). Since Obama was acknowledged by Lolo Soetoro as his son and/or was adopted by Lolo Soetoro and was a citizen of Indonesia, according to his school record attached as Exhibit “4”, Obama is clearly an Indonesian citizen.

  2. Hollister v. Soetoro et al

    MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction

    Filed January 26, 2009

    Given plaintiff's counsel's previous unsuccessful attempt to prevail on the underlying issue in this case, and the fact that plaintiff is attempting to shoehorn that issue into the interpleader statute, the Court should dismiss the complaint under its equitable and inherent authority. See, e.g., Berg, 574 F. Supp. 2d at 521 ("We therefore find that Plaintiff's attempt to use these statutes [2 U.S.C. § 431 et seq.; 5 U.S.C. § 702; 8 U.S.C. § 1481(b); 5 U.S.C. § 552; 28 U.S.C. § 1343; and 28 U.S.C. § 1331] to gain standing to pursue his Natural Born Citizen Clause claim are frivolous and not worthy of discussion.").3 3 Even if plaintiff's use of interpleader were not illegitimate on its face, the complaint would fail to state a claim upon which relief could be granted.

  3. BERG v. OBAMA et al

    MOTION to Dismiss First Amended Complaint

    Filed October 20, 2008

    Amended Complaint ¶¶ 21 – 24. In addition to the causes of action included in the original complaint, the Amended Complaint purports to assert new causes of action under the Civil Rights Act, 42 U.S.C. §§1983, 1985 and 1986; the Federal Election Campaign Act of 1971 as amended, 2 U.S.C. §§431 et seq.; the Freedom of Information Act, 5 U.S.C. §552; and the Immigration and Nationality Act, 8 U.S.C. §1481. dismissed.