||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen

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vincent modebelu

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Nov 16, 2019, 8:47:55 PM11/16/19
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Hoda Muthana was born in New Jersey in October 1994 to a diplomat from Yemen and grew up in Alabama. In 2014, she left the U.S. to join IS 

  Children of diplomats are not entitled to birthright citizenship
http://umuahiaibeku.com/Thepic2.jpg

Judge: US-born woman who joined Islamic State not citizen

yesterday


FILE - In this Feb. 20, 2019, file photo, Hassan Shibly, attorney for Hoda Muthana, the Alabama woman who left home to join the Islamic State group in Syria, speaks on a phone before a news conference in Tampa, Fla. A federal judge has ruled the U.S. government was correct when it determined Muthana, who joined the Islamic State, was not an American citizen despite her birth in the country. A family lawyer said Friday, Nov. 15, that they plan to appeal the ruling. (AP Photo/Chris O'Meara, file)

WASHINGTON (AP) — A federal judge has ruled the U.S. government was correct when it determined a woman who joined the Islamic State group was not an American citizen despite her birth in the country.

Lawyers for the family of the woman said Friday that they plan to appeal the ruling.

“This is not the end of our client’s legal options,” said Christina Jump, a lawyer with the Constitutional Law Center for Muslims in America.

Hoda Muthana was born in New Jersey in October 1994 to a diplomat from Yemen and grew up in Alabama. In 2014, she left the U.S. to join IS apparently after becoming radicalized online. While she was overseas the government determined she was not a U.S. citizen because her father was a diplomat at the time of her birth and revoked her passport.

She surrendered in January to U.S.-backed Syrian Democratic Forces as the Islamic State began losing the last of its self-declared caliphate in Iraq and Syria and has been in refugee camps ever since. Muthana said she regretted her decision to join the group and wanted to return to the U.S. with her toddler child, the son of a man she met while living with the group. The man later died.

Her family filed suit to enable her return to the United States. Children of diplomats are not entitled to birthright citizenship but the family’s lawyers argued that her father’s status as a diplomat assigned to the U.N. ended before her birth and she was automatically a citizen.

The U.S. says it wasn’t notified that his status had changed until February 1995, apparently because of a delay in reporting it by the U.N., and therefore he was still a diplomat.

U.S. District Judge Reggie Walton upheld that determination Thursday. Jump said the judge ruled from the bench that he believes he is bound by the Department of State’s representation as to when the government received notice that the father’s diplomatic position had ended, and granted the defendant’s motion to dismiss on that basis.

Her case has drawn widespread attention because President Donald Trump tweeted about it in February, saying he had directed the secretary of state not to allow her back into the U.S. The decision to revoke her passport was made under President Barack Obama.

https://apnews.com/59fe09c8b493460c86f0171ac72de289







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Cyril Anyanwu

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Nov 18, 2019, 11:03:47 AM11/18/19
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"If he stayed in the US without permission and the UN informed the US that his diplomatic shield elapsed in February 1995, then his daughter born before february 1995 is not a US citizen." - Nebu

 The present US immigration law holds that if somebody is born in the USA that person is a Citizen (except those with diplomatic corps parentage) even if the parents are living here illegally. 

That is one of the things the Trump administration is trying to change. They want to deny Citizenship to children born here to parents with illegal immigration status.

Cyril Anyanwu


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Subject: #2.5: ||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen
 
DDr Aduba,

When her father was allowed to reside in the US is the core determinant of her citizenship, not when the US was informed by the UN that he no longer enjoyed diplomatic shield. Let me explain:

People in the Diplomatic Corps must exit their country of posting within XYZ time (usually within hours or days). Yemen fired the young lady's father from its diplomatic corps, it meant he was mandated to return to Yemen within days (at most) from when fired. Had he left the US as he was required to do, his daughter would never have been born in the US. But according to the story, the US government allowed him to stay in the US (he couldn't have stayed without authorization once Yemen took away his diplomatic shield; Yemen would have demanded his immediate repatriation, and gotten it, had the US not authorized him to stay). This suggests that the US was aware that he was no longer on the Diplomatic team before February 1995. 

This must be the basis of any appeal -- the judge was extremely narrow in his interpretation -- that her citizenship was incumbent on when the US received information on her father's diplomatic status from the UN, instead of when her father was allowed to stay in the US by US government. I believe that he was allowed to stay immediately after he was fired by Yemen, otherwise he would have left. If he stayed in the US without permission and the UN informed the US that his diplomatic shield elapsed in February 1995, then his daughter born before february 1995 is not a US citizen. 


Nebukadineze Adiele
Organized religion sired irrationality.


-----Original Message-----
From: 'Baduba54' via Corporate Nigeria <corporat...@googlegroups.com>
Sent: Sun, Nov 17, 2019 11:40 pm
Subject: Re: #2: ||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen

Mr. Adiele,
If she was born in USA after her father is no longer a diplomat, methinks she is a citizen.

Adu


-----Original Message-----
From: 'Nebukadineze Adiele' via Corporate Nigeria <corporat...@googlegroups.com>
Sent: Sun, Nov 17, 2019 1:57 am
Subject: #2: ||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen

By the way, this judge's decision will likely be overturned because her father had already been relieved of his diplomatic status by Yemen before her birth. US' contention that it received that information four months after her birth doesn't obviate the fact that she was born when her father no longer held diplomatic status. 

In notifying the US of her father's status as at February 1995, the UN must have conveyed when he ceased being a diplomat -- if actually it was before October 1994. The only reason this judge narrowed his interpretation this slimly is simply because of her status as a terrorist. Were she, say, Steve Jobs, Bill Gates, Michael Jordan, etc. her US citizenship would be unquestionable. I have confidence that a higher court would over rule this judge, even though I personally wish that she doesn't get the US citizenship back -- she's too stupid to deserve it.  


Nebukadineze Adiele
Organized religion sired irrationality.


-----Original Message-----
From: 'Nebukadineze Adiele' via Corporate Nigeria <corporat...@googlegroups.com>
Sent: Sun, Nov 17, 2019 12:44 am
Subject: Re: ||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen

Didn't I tell you Bantus this last month, when IBK was disgracing himself? The fool works in the Diplomatic Corp, yet he didn't know that his running to Texas to having his children with his Chaggar wife, which he tacked onto us tax payers, doesn't confer US citizenship onto those children by birth. 

State Department used to not strictly enforce that exclusion during issuance of passports but thanks to 9/11 and the stupidity of these Arabs girls who ran off with ISIS fighters, children born of diplomats are strictly denied passports now and those who got them erroneously are having their passports and citizenship voided. Their only saving grace would be if Trump doesn't get reelected next year; if he gets reelected, his immigration policies will harden; the Supreme Court has been showing that Congress made laws that give the President wide liberty to enforce immigration law -- it basically allowed his Muslim ban, is tilting towards allowing his voiding of DACA, and has allowed one other immigration related action he took (can't remember it right off memory but I have no time to google). 

Una go start paying me for my opinions soon.


Nebukadineze Adiele
Organized religion sired irrationality.


-----Original Message-----
From: vincent modebelu <vin_mo...@yahoo.com>
Sent: Sat, Nov 16, 2019 8:47 pm
Subject: ||NaiaObserver||Judge: US-born woman who joined Islamic State not citizen

Hoda Muthana was born in New Jersey in October 1994 to a diplomat from Yemen and grew up in Alabama. In 2014, she left the U.S. to join IS 

  Children of diplomats are not entitled to birthright citizenship

Judge: US-born woman who joined Islamic State not citizen

yesterday



FILE - In this Feb. 20, 2019, file photo, Hassan Shibly, attorney for Hoda Muthana, the Alabama woman who left home to join the Islamic State group in Syria, speaks on a phone before a news conference in Tampa, Fla. A federal judge has ruled the U.S. government was correct when it determined Muthana, who joined the Islamic State, was not an American citizen despite her birth in the country. A family lawyer said Friday, Nov. 15, that they plan to appeal the ruling. (AP Photo/Chris O'Meara, file)
WASHINGTON (AP) — A federal judge has ruled the U.S. government was correct when it determined a woman who joined the Islamic State group was not an American citizen despite her birth in the country.
Lawyers for the family of the woman said Friday that they plan to appeal the ruling.
“This is not the end of our client’s legal options,” said Christina Jump, a lawyer with the Constitutional Law Center for Muslims in America.
Hoda Muthana was born in New Jersey in October 1994 to a diplomat from Yemen and grew up in Alabama. In 2014, she left the U.S. to join IS apparently after becoming radicalized online. While she was overseas the government determined she was not a U.S. citizen because her father was a diplomat at the time of her birth and revoked her passport.
She surrendered in January to U.S.-backed Syrian Democratic Forces as the Islamic State began losing the last of its self-declared caliphate in Iraq and Syria and has been in refugee camps ever since. Muthana said she regretted her decision to join the group and wanted to return to the U.S. with her toddler child, the son of a man she met while living with the group. The man later died.
Her family filed suit to enable her return to the United States. Children of diplomats are not entitled to birthright citizenship but the family’s lawyers argued that her father’s status as a diplomat assigned to the U.N. ended before her birth and she was automatically a citizen.
The U.S. says it wasn’t notified that his status had changed until February 1995, apparently because of a delay in reporting it by the U.N., and therefore he was still a diplomat.
U.S. District Judge Reggie Walton upheld that determination Thursday. Jump said the judge ruled from the bench that he believes he is bound by the Department of State’s representation as to when the government received notice that the father’s diplomatic position had ended, and granted the defendant’s motion to dismiss on that basis.
Her case has drawn widespread attention because President Donald Trump tweeted about it in February, saying he had directed the secretary of state not to allow her back into the U.S. The decision to revoke her passport was made under President Barack Obama.
https://apnews.com/59fe09c8b493460c86f0171ac72de289







vin.....///

 Observe and see


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