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Citations for ILW.COM's Seminar
"Naturalization, Citizenship And Nationality Law: 2006 Update"
Session 3 held on August 10, 2006

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Edward A. Betancourt (DOS)

Applicable statutes and regulations:

  1. 22 USC 2705---Recognizes a full validity U.S. passport as proof of the bearer's U.S. citizenship.


  2. 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."


  3. 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.


  4. 22 CFR 53.1 et seq.---Requires, with certain exceptions, that U.S. citizens enter and depart the United States on U.S. passports.


  5. 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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