Orly, Orly… In her opposition to motion to dismiss, Orly Taitz managed to file a document with unredacted personal information. Philip Berg filed an ex-parte motion and the Judge granted the motion. Orly has until friday to refile… Pwned
09/30/2009 77 MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter: On 09/28/09, Court received letter from attorney Philip J Berg requesting Exhibit 7 to Response in Opposition to Motion 69 be sealed as it contains personal identifying information(see Order for specifics). Court orders Plaintiffs Opposition to Motion to Dismiss Case (Doc 69) sealed. Plaintiffs shall refile redacted copy of entire Opposition to Motion to Dismiss, including all exhibits by Friday, October 2, 5 p.m. (ln) (Entered: 09/30/2009)
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 09-0082 DOC (ANx)
Date: September 30, 2009
Title: Captain Pamela Barnett, et al. v. Barack H. Obama, et al.
DOCKET ENTRY
PROCEEDING (IN CHAMBERS): ORDER SEALING DOCUMENT REQUIRING PLAINTIFFS TO REFILE OPPOSITION TO MOTION TO DISMISS TO COMPLY WITH FED. R. CIV. P. 5.2
On September 28,2009, the Court received a letter from attorney Philip J. Berg requesting that Exhibit 7 (Dossier #6) of Plaintiffs’ Opposition to the Motion to Dismiss be sealed because it does not comply with FED. R. CIV. P. 5.2. The letter states that Exhibit 7 contains personal identifying information of Lisa Liberi and her husband.
Sep 302009
Some have argued that the discussion during the 14th Amendment or the Civil Right’s act suggested that jurisdiction over the child had to be “full and complete”. To truly understand the meaning of these terms, one has to take but a look at Justice Marshall in Schooner Exchange v. M’Faddon, 11 U.S. 116 (1812)
The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction derived from an external source would imply a diminution of its sovereignty to the extent of the restriction and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source.
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Sep 302009
CHAP XXXII
An Act Relative to evidence in cases of naturalization
Approved March 22 1816 US Statutes at Large Vol Ill pp 258 259
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That the certificate of report and registry required as evidence of the time of arrival in the United States according to the second section of the act of the fourteenth of April one thousand eight hundred and two entitled An act to establish an uniform rule of naturalization and to repeal the act heretofore passed on this subject and also a certificate from the proper clerk or prothouotary of the declaration of intention made before a court of record and required as the first condition according to the first section of said act shall be exhibited by every alien on his application to be admitted a citizen of the United States in pursuance of said act who shall have arrived within the limits and under the jurisdiction of the United States since the eighteenth day of June one thousand eight hundred and twelve and shall each be recited at full length in the record of the court admitting such alien otherwise he shall not be deemed to have complied with the conditions requisite for becoming a citizen of the United States and any pretended admission of an alien who shall have arrived within the limits and under the jurisdiction of the United States since the said eighteenth day of June one thousand eight hundred and twelve to be a citizen after the promulgation of this act without such recital of each certificate at full length shall be of no validity or effect under the act aforesaid
SEC 2 Provided and be it enacted That nothing herein contained shall be construed to exclude from admission to citizenship any free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June one thousand seven hundred and ninety eight and the fourteenth day of April one thousand eight hundred and two and who having continued to reside therein without having made any declaration of intention before a court of record as aforesaid may be entitled to become a citizen of the United States according to the act of the twenty sixth of March one thousand eight hundred and four entitled An act in addition to an act entitled An act to establish an uniform rule of naturalization and to repeal the act heretofore passed on that subject Whenever any person without a certificate of such declaration of intention as aforesaid shall make application to be admitted a citizen of the United States it shall be proved to the satisfaction of the court vthat the applicant was residing within the limits and under the jurisdiction of the United States before the fourteenth day of April one thousand eight hundred and two and has continued to reside within the same or he shall not be so admitted And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application shall be proved by the oath or affirmation of citizens of the United States which citizens shall be named in the record as witnesses And such continued residence within the limits and under the jurisdiction of the United States when satisfactorily proved and the place or places where the applicant has resided for at least five years as aforesaid shall be stated and set forth together with the names of such citizens ill the record of the court admitting the applicant otherwise the same shall not entitle him to be considered and deemed a citizen of the United States
CHAP XXXVI
An Act Supplementary to the acts heretofore passed on the subject of an uniform rule of naturalization
Approved July 30 1813 US Statutes at Large Vol Ill p 53
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That persons resident within the United Stntes or the territories thereof on the eighteenth day of June in the year one thousand eight hundred and twelve who had before that day made a declaration according to law of their intentions to become citizens of the United States or who by the existing laws of the United States were on that day entitled to become citizens without making such declaration may be admitted to become citizens thereof notwithstanding they shall be alien enemies at the times and in the manner prescribed by the laws heretofore passed on that subject Provided That nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal agreeably to law of any alien enemy at any time previous to the actual naturalization of such alien
CHAP XLII
An Act For the regulation of seamen on board the public and private vessels of the United States
Approved March 3 1813 US Statutes at Large vol 2 p 811
SEC 12 And be it further enacted That no person who shall arrive in the United States from and after the time when this act shall take effect shall be admitted to become a citizen of the United States who shall not for the continued term of five years next preceding his admission as aforesaid have resided within the United States without being at any time during the said five years out of the territory of the United States
SEC 13 And be it further enacted That if any person shall falsely make forge or counterfeit or cause or procure to be falsely made forged or counterfeited any certificate or evidence of citizenship referred to in this act or shall pass utter or use as true any false forged or counterfeited certificate of citizenship or shall make sale or dispose of any certificate of citizenship to any person other than the person for whom it was originally issued and to whom it may of right belong every such person shall be deemed and adjudged guilty of felony and on being thereof convicted by due course of law shall be sentenced to be imprisoned and kept to hard labour for a period not less than three or more than five years or be fined in a sum not less than five hundred dollars nor more than one thousand dollars at the discretion of the court taking cognizance thereof
CHAP XLVII
An Act In addition to an act intituled An Act to establish an uniform rule of naturalization and to repeal tbe acts heretofore passed on that subject
Approved March 20 1804 US Statutes at Large vol 2 pp 292 293
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That any alien being a free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June one thousand seven hundred and ninety eight and the fourteenth day of April one thousand eight hundred and two and who has continued to reside within the same may be admitted to become a citizen of the United States without a compliance with the first condition specified in the first section of the act intituled An act to establish an uniform rule of naturalization and to repeal the acts heretofore passed on that subject
SEC 2 And be it further enacted That when any alien who shall have complied with the first condition specified in the first section of the said original act and who shall have pursued the directions prescribed in the second section of the said act may die before he is actually naturalized the widow and the children of such alien shall be considered as citizens of the United States and shall be entitled to all rights and privileges as such upon taking the oaths prescribed by law
CHAP XXVIII
An Act To establish an uniform rule of Naturalization and to repeal the acts heretofore passed on that subject
Approved April 14 1802 US Statutes at Large Vol 2 pp 153 155
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled That any alien being a free white person may be admitted to become a citizen of the United States or any of them on the following conditions and not otherwise
First That he shall have declared on oath or affirmation before the supreme superior district or circuit court of some one of the states or of the territorial districts of the United States or a circuit or district court of the United States three years at least before his admission that it was bona fide his intention to become a citizen of the United States and to renounce for ever all allegiance and fidelity to any foreign prince potentate state or sovereignty whatever and particularly by name the prince potentate state or sovereignty whereof such alien may at the time be a citizen or subject
CHAP LIV
An Act Supplementary to and to amend the act intituled An act to establish an uniform rule of naturalization and to repeal the act heretofore passed on that subject
Approved June 18 1798 US Statutes at Large Vol I pp 566 569
SECTION 1 Be it enacted 6y the Senate and House of Representatives of the United States of America in Congress assembled That no alien shall be admitted to become a citizen of the United States or of any state unless in the manner prescribed by the act intituled An act to establish an uniform rule of naturalization and to repeal the act heretofore passed on that subject he shall have declared his intention to become a citizen of the United States five years at least before his admission and shall at the time of his application to be admitted declare and prove to the satisfaction of the court having jurisdiction in the case that he has resided within the United States fourteen years at least and within the state or territory where or for which such court is at the time held five years at least besides conforming to the other declarations renunciations and proofs by the said act required anything therein to the contrary hereof notwithstanding Provided that any alien who was residing within the limits and under the jurisdiction of the United States before the twenty ninth day of January one thousand seven hundred and ninety five may within one year after the passing of this act and any alien who shall have made the declaration of his intention to become a citizen of the United Sates in conformity to the provisions of the act intituled An act to establish an uniform rule of naturalization and to repeal the act heretofore passed on that subject may within four years after having made the declaration aforesaid be admitted to become a citizen in the manner prescribed by the said act upon his making proof that he has resided five years at least within the limits and under the jurisdiction of the United States And provided also that no alien who shall be a native citizen denizen or subject of any nation or state with whom the United States shall be at war at the time of his application shall be then admitted to become a citizen of the United States
CHAP XX
An Act To establish an uniform rule of naturalization and to repeal the act heretofore passed on that subject
repealed Approved January 29 1795 US Statutes at Large Vol I pp 414 415
For carrying into complete effect the power given by the constitution to establish an uniform rule of naturalization throughout the United States
SECTION 1 Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled That any alien being a free white person may be admitted to become a citizen of the United States or any of them on the following conditions and not otherwise.
First He shall have declared on oath or affirmation before the supreme superior district or circuit court of some one of the states or of the territories northwest or south of the river Ohio or a circuit or district court of the United States three years at least before his admission that it was bonn fide his intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to any foreign prince potentate state or sovereignty whatever and particularly by name the prince potentate state or sovereignty whereof such alien may at the time be a citizen or subject
Secondly He shall at the time of his application to be admitted declare on oath or affirmation before some one of the courts aforesaid that he has resided within the United States five years at least and within the state or territory where such court is at the time held one year at least that he will support the constitution of the United States and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince potentate state or sovereignty whatever and particularly by name the prince potentate state or sovereignty whereof he was before a citizen or subject which proceedings shall be recorded by the clerk of the court
Thirdly The court admitting such alien shall be satisfied that he has resided within the limits and under the jurisdiction of the United States five years and it shall further appear to their satisfaction that during that time he has behaved as a man of a good moral character attached to the principles of the constitution of the United States and well disposed to the good order and happiness of the same
Fourthly In case the alien applying to be admitted to citizenship shall have borne any hereditary title or been of any of the orders of nobility in the kingdom or state from which he came he shall in addition to the above requisites make an express renunciation of his title or order of nobility in the court to which his application shall be made which renunciation shall be recorded in the said court
SEC 2 Provided always and be it further enacted That any alien now residing within the limits and under the jurisdiction of the United States may be admitted to become a citizen on his declaring on oath or affirmation in some one of the courts aforesaid that he has resided two years at least within and under the jurisdiction of the same and one year at least within the state or territory where such court is at the time held that he will support the constitution of the United States and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince potentate state or sovereignty whatever and particularly by name thc prince potentate stnte or sovereignty whereof he was before a citizen or subject and moreover on its appearing to the satisfaction of the court that during the said term of two years he has behaved as a man of good moral character attached to the constitution of the United States and well disposed to the good order and happiness of tho same and where the alien applying for admission to citizenship shall have borne any hereditary title or been of any of the orders of nobility in the kingdom or state from which he came on his moreover making in the court an express renunciation of his title or order of nobility before he shall be entitled to such admission all of which proceedings required in this proviso to be performed in the court shall be recorded by the clerk thereof
SEC 3 And be it further enacted That the children of persons duly naturalized dwelling within the United States and being under the age of twenty one years at the time of such naturalization and the children of citizens of the United States born out of the limits and jurisdiction of the United States shall be considered as citizens of the United States Provided That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States Provided also That no person heretofore proscribed by any state or who has been legally convicted of having joined the army of Great Britain during the late war shall be admitted a citizen as aforesaid without the consent of the legislature of the state in which such person was proscribed
SEC 4 And be it further enacted That the act intituled An act to establish an uniform rule of naturalization passed the twenty sixth day of March one thousand seven hundred and ninety be and the same is hereby
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