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United States News Title: University of California, Janet Napolitano v DHS, DACA Complaint University of California, Janet Napolitano v DHS, DACA Complaint nolu chan http://universityofcalifornia.edu/sites/default/files/UC-DACA-Complaint.pdf University of California v. U.S. Department of Homeland Security, CAND 3-17-cv-05211, Doc 1, (8 Sep 2017), COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs are The Regents of the University of California, and Janet Napolitano, in her official capacity as President of the University of California. There are only two paths to American citizenship: There, fixed it. From the DACA implementing memorandum of June 15, 2012, by none other than then-DHS Secretary Janet Napolitano herself, All DACA-eligible persons were/are illegal aliens. None is a natural born citizen of the United States. Whether they evaded immigration officials altogether, or overstayed a lawful but time-limited visa, they are not lawfully present in the country. Also known as an "Undocumented Alien," is an alien who has entered the United States illegally and is deportable if apprehended, or an alien who entered the United States legally but who has fallen "out of status" and is deportable. Whether the illegal alien never had status, or has fallen out of status, the only legal path available to attain lawful status is to exit and return lawfully (or some special action by Congress to cange the law). Those who evaded immigration officials enjoy no municipal status. As a legal fiction, for immigration purposes, they are not considered to have entered the country. The only thing they can do to attain status is to leave the country and return legally. To be eligible for naturalization one must be: Persons not lawfully present in the United States are not eligible for naturalization. Normally, aliens lawfully present can petition for naturalization. In her DACA implementing memorandum, Ms. Napolitano recognized that it would take legislative authority to confer immigration status or a pathway to citizenship for these illegal aliens. It is because they are illegal aliens, and have no lawful status, that current law provides them no pathway to United States citizenship. As Ms. Napolitano documented with her DACA implementing memo. neither she nor the President of the United States had the authority to convert aliens, unlawfully present in the United States, into United States citizens, or to grant or regulate their immigration status. They may be Americans in the generic sense of being citizens of someplace in North or South America other than the United States of America. The apparent, and deceptive nature of the statement to imply that these illegal aliens are of the United States of America, is but a lie. By the very terms of the DACA policy, they must be from a foreign country. RELATED: http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=52708 Trump Illegal Alien Executive Orders - Follow the Litigation Bouncing Ball Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 4.
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This is the one-line Supreme Court opinion that let the 5th Circuit opinion stand. The per curiam opinion does not reveal who voted how, but a good guess is it was Roberts CJ, Thomas, Alito and Kennedy, JJ v. Ginsburg, Breyer, Sotomayor and Kagan, JJ. https://www.supremecourt.gov/opinions/15pdf/15-674_jhlo.pdf Per Curiam NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. SUPREME COURT OF THE UNITED STATES No. 15–674 UNITED STATES, ET AL., PETITIONERS v. TEXAS, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 23, 2016] PER CURIAM. The judgment is affirmed by an equally divided Court.
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