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Ju Sanguinis Research Paper

427 Words2 Pages

The issue is whether Moe would be a considered a U.S. citizen. The U.S. follows the idea of Jus Soli and Jus Sanguinis. Jus soli is the right of anyone born in the territory of a state to nationality or citizenship. Jus sanguinis is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. According to INA 301 8 U.S.C. § 1401 defines who is a U.S. citizen from birth. The following are among those listed there as persons who shall be nationals and citizens of the U.S. at birth (1) “a person born in the U.S., and subject to the jurisdiction thereof,” or (2) “a person born in the U.S. to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe,” or (3) “a person of unknown parentage found in the U.S. while under the age of five years, until shown, prior to his attaining the age of …show more content…

Since she was only in the country for ten minutes, his mother might have difficulties obtaining records of his birth. She might have a birth certificate stating that he is born in Michigan. Since he was born in the U.S., by Jus Soli, Moe is a U.S. citizen. The best advice I can give Moe is to find his birth certificate that should indicate he is a U.S. citizen born within the borders of the country. He might not have a birth certificate therefore its his responsibility to prove the he is a U.S. citizen. As a U.S. citizen he is afforded the rights that are given to him by the U.S. constitution meaning he will not be deported. Citizen can be revoked if it was illegally procured, if procured by willful misrepresentation, if procured by concealment of a material fact. It requires the federal court action based on clear, unequivocal ad convincing evidence. Fortunately for Moe, citizenship can only be revoked for those who obtained it through Naturalization. Since he was born in the U.S., revocation of citizenship does not apply to

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