Later, U.S. Attorney General Michael B. Mukasey, Chief Judge U.S.D.C., Southern District of New York, retired, revoked President Barack Hussein Obama's, II, Certificate of Naturalization issued on order of the U.S.D.C., Central District of California, 1983. The U.S. federal government fraudulently attempted to convert President Obama's naturalized citizenship status to natural born citizenship status to claim President Obama met the eligibility requirements for the Office of the President of the United States. The plain language of the amended statute relied upon by US Attorney General Mukasey to cancel President Obama's naturalization certificate is to correct its own error due to fraud or concealment of material fact or willful misrepresentation to obtain the certificate. The People are sovereign. The U.S. federal government does not have authority to denaturalize a U.S. citizen without the U.S. citizen's consent or a hearing before an Article III tribunal. U.S. citizenship is a precious property interest not to be traded lightly. A revoked certificate of naturalization renders the certificate void and does not effect the citizenship of the U.S. citizen.
The U.S. Circuit Court of Appeals for the Ninth Circuit ruled the power to confer citizenship through the process of naturalization does not necessarily include the power to revoke that citizenship, Gorbach v. Reno, Case No. 98-35723, 219 F.3d 1087 (9th Cir. 2000). The Department of Homeland Security amended 65 Federal Register 17127 (Mar. 31, 2000) in response to the Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000) ruling to remove regulations invalidated and published FR Vol. 76, Number 167, August 29, 2011, pages 53763-53806, to remove the applicable regulations from 8 CFR 340.10, Id. See also INA sections 310(a), 340(a), (h), 8 U.S.C. 1421(a), 1451(a), (h), "...USCIS is precluded from using those regulations to revoke naturalization."
Revoking Grants of Naturalization, RIN 1615-AA30
This rule amended the process by which the Service would administratively reopen and revoke a grant of naturalization. This rule changed the burden of proof that the Service would use in revocation proceedings and made other changes to the administrative process. The Secretary of the Department of Homeland Security has sole authority to grant a person naturalization as a United States citizen. INA section 310(a), 8 U.S.C. 1421(a). The Act also provides DHS with the authority “to correct, reopen, alter, modify, or vacate an order naturalizing [a] person” as a United States citizen. INA section 340(h), 8 U.S.C. 1451(h).
No public comments were received.
This rule removes regulations that were invalidated on July 20, 2000, by the Ninth Circuit Court of Appeals in a nationwide class action lawsuit. Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000) (en banc). That decision held that the Attorney General lacked the statutory authority to promulgate regulations permitting revocation of citizenship of a naturalized citizen through administrative proceedings. Id. See also INA sections 310(a), 340(a), (h), 8 U.S.C. 1421(a), 1451(a), (h). The government did not seek Supreme Court review of that decision, thus USCIS is precluded from using those regulations to revoke naturalization. This rule removes the applicable regulations from 8 CFR 340.10.
"Under our Constitution, a naturalized citizen stands on an equal footing with the native citizen in all respects, save that of eligibility to the Presidency." Minor v. Happersett, 21 Wall. 162, 165, 22 L. ed. 627; Elk v. Wilkins, 112 U. S. 94, 101, 28 L.
Page 12 of 35283 ed. 643, 645, 5 Sup. Ct. Rep. 41; Osborn v. Bank of United States, 9 Wheat. 738, 827, 6 L. ed. 204, 225. Sovereign immunity delegated to the U.S. federal government from the People is waived after an ineligible President is installed into the Office of the President of the United States. The Bill of Rights of the U.S. Constitution reserves for the People any right not enumerated in the U.S. Constitution and reserves all powers not granted to the federal government to the People or the States. The Founding Fathers never intended for the Eligibility Clause of the U.S. Constitution, Art. II, Section 1, Clause 5, to be used to disable the will of the People when electing their leaders. There is no substantial federal mechanism to prevent, investigate, challenge or disable an ineligible presidential candidate from taking the oath of office.
Jack Maskell, Congressional Research Service, Legislative Attorney, published, "The Constitution does not define the term ‘natural born Citizen,’ nor are the notes from the debates at the Constitutional Convention of 1787 instructive as to any specific collective intent of the framers concerning the meaning of the term." See CRS - Qualifications for President and the "Natural Born", CRS Memo, 7-5700, http://www.crs.gov , R42097. Nevertheless, the People delegated authority to the U.S. federal government on the condition the President shall be a natural born Citizen. Further, Article VI of the U.S. Constitution requires all federal and state judges, legislators, and executive officers to swear an oath to support the U.S. Constitution. To remedy the problem of maintaining support of the U.S. Constitution and to ensure the President is eligible, the U.S. federal government maintains records of naturalized U.S. citizens. Rather than ensuring the President is eligible through a examination of an undefined term natural born Citizen, the U.S. federal government utilizes its archival records of naturalized U.S. citizens to ensure the President of the United States is not a naturalized U.S. citizen.
As a naturalized U.S. citizen, President Obama voided the delegated authority from the People to the U.S. federal government on January 20, 2009. The U.S. federal government is not authorized ignore a violation of Article II of the U.S. Constitution to maintain continuity of operations and negotiate generous exit packages after the People have decided to install an ineligible President. Pursuant to Article VI, all federal and state judges, legislators and executive officers must vacate their offices to encourage the ineligible President to negotiate with the People to restore the constitutional republic. America must be renewed with a new constitution after an ineligible President is installed into the Office of the President of the United States.