Federal Judge Reportedly Rules Hoda Muthana Not US Citizen
Posted: Fri Nov 15, 2019 8:34 pm
sauce
see previous thread
Various news sources, quoting Hoda Muthana's attorneys, report GW Bush appointee Judge Reggie B. Walton has ruled Hoda Muthana is not a US citizen. Waiting for the written opinon but reports claim Walton declined to challenge the US State Department's assertion they had not received word of Hoda's father's termination of diplomatic status until after her birth.
Questions still to be answered, possibly in the opinion, include on what legal grounds Walton dismissed plaintiff's arguments, not only that Hoda is entitled to birthright US citizenship since her father was not actually a diplomat and thus "subject to the jurisdiction" of the US when she was born, but also that equitable estoppel applies. That is, having issued Hoda a US passport, and Hoda having been eligible to apply for US residence and eventually citizenship just as her older siblings did, the US is now estopped from denying her entry to the US on the grounds that its initial passport issuance was in error.
Count on a quick appeal. imo this Bush appointee judge punted because the plaintiff was Muslim and her citizenship openly and improperly questioned by both the President and Secretary of State.
see previous thread
Various news sources, quoting Hoda Muthana's attorneys, report GW Bush appointee Judge Reggie B. Walton has ruled Hoda Muthana is not a US citizen. Waiting for the written opinon but reports claim Walton declined to challenge the US State Department's assertion they had not received word of Hoda's father's termination of diplomatic status until after her birth.
Questions still to be answered, possibly in the opinion, include on what legal grounds Walton dismissed plaintiff's arguments, not only that Hoda is entitled to birthright US citizenship since her father was not actually a diplomat and thus "subject to the jurisdiction" of the US when she was born, but also that equitable estoppel applies. That is, having issued Hoda a US passport, and Hoda having been eligible to apply for US residence and eventually citizenship just as her older siblings did, the US is now estopped from denying her entry to the US on the grounds that its initial passport issuance was in error.
Count on a quick appeal. imo this Bush appointee judge punted because the plaintiff was Muslim and her citizenship openly and improperly questioned by both the President and Secretary of State.