Citations for ILW.COM's Seminar
"Naturalization, Citizenship And Nationality Law: 2006 Update"
Session 3 held on August 10, 2006
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From Edward A. Betancourt (DOS)
Applicable statutes and regulations:
- 22 USC 2705---Recognizes a full validity U.S. passport as proof of the bearer's U.S. citizenship.
- 8 USC 1104(a)(3)---Makes the Secretary of State responsible for "the determination of [the] nationality of a person not in the United States."
- 8 USC 1481(b)--States that the burden of showing loss of U.S. citizenship is on the party so claiming and such a claim must be established by a preponderance of the evidence.
- 22 CFR 53.1 et seq.---Requires, with certain exceptions, that U.S. citizens enter and depart the United States on U.S. passports.
- 22 CFR 50.40(a)---Establishes an administrative presumption that, absent an assertion to the contrary, a U.S. citizen who naturalizes in a foreign country, takes a routine oath of allegiance, or accepts non-policy level employment with a foreign state intends to retain his/her U.S. citizenship.
From Robert A. Mautino
United States v. Hovsepian, 358 F.3d 1144, 1160 (9th Cir. 2004).
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