Nielsen, et al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018). As a
result of the preliminary injunction, TPS designations of
Sudan, Nicaragua, Haiti, and El Salvador remain in effect
(as of July 30, 2019). See Update on Ramos v. Nielsen,
USCIS, https://www.uscis.gov/update-ramos-v-nielsen.
353. Constitution of Haiti, art. 11-12 (1987), http://pdba.
georgetown.edu/Constitutions/Haiti/haiti1987.html.
354. Constitute Project, Haiti 1987 (rev. 2012), https://
www.constituteproject.org/constitution/Haiti_2012.
355. Id.
356. Immigration and Refugee Board of Canada, Haiti:
Dual citizenship, including legislation; requirements and
procedures for former Haitian citizens to re-acquire
citizenship, HTI104293.E (Feb. 8, 2013), https://www.
refworld.org/docid/51dd18df4.html.
com/2017/12/23/us/politics/trump-immigration.html?_
r=0.
364. Migration Policy Institute, RAD Diaspora Profile, The
Nigerian Diaspora in the United States, Migration Policy
Institute (June 2015 rev.), https://www.migrationpolicy.
org/sites/default/files/publications/RAD-Nigeria.pdf (as
of June 2015, Nigerians were more likely to be naturalized
U.S. citizens than the overall U.S. foreign-born population:
52% of Nigerians vs 44% of the U.S. foreign-born
population. In light of the fact that half of Nigerian
immigrants arrived in the United States in 2000 or later,
their relatively high naturalization rate suggests that many
Nigerian immigrants applied for U.S. citizenship shortly
after they became eligible).
365. In other words, immediately and without delay at the
time that such registered—or naturalized—citizen
acquires the additional foreign citizenship.
357. United States Department of State, Bureau of
Democracy, Human Rights and Labor, Country Reports on
Human Rights Practices for 2011 – Haiti (2012), https://
www.state.gov/j/drl/rls/hrrpt/2011humanrightsreport/
index.htm#wrapper.
366. Const., art. 28(1) (1999) (Nigeria), http://www.
nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm.
358. United States Department of State, Bureau of
Democracy, Human Rights and Labor, Country Reports on
Human Rights Practices for 2015 – Haiti (2016), https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.
368. Klapprott v. United States, 335 U.S. 601, 616–17 (1949).
359. Response by the Ministry of Foreign Affairs of Haiti
conveying the position of the Haitian government in
respect of the ruling (TC/0168/13 of 23 September 2013)
issued by the Dominican Constitutional Court concerning
Dominicans of Haitian descent, the position adopted by
the Ministry of Haitians Living Abroad, Port of Prince,
Oct. 24, 2013, and the statement made by the Permanent
Mission of Haiti before the Organization of American
States on Oct. 29, 2013.
367. Id.
369. See INA §§ 301 and 309 (acquisition of U.S.
nationality by children born abroad to one or both
American parents). INA § 349 provides for expatriation of
citizens by birth by voluntary commission of expatriating
acts committed with the intention of relinquishing
citizenship. See also United States Department of State,
Office of the Legal Advisor, Digest of United States Practice
in International Law, Chapter 1: Nationality, Citizenship,
and Immigration. However, the Supreme Court has
severely curtailed the use of this measure. Afroyim v. Rusk,
387 U.S. 253 (1967).
370. U.S. Const. art. II § 1; id. at amend. XII.
360. Constitution of India, art.9 (1950), https://www.
india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf.
371. Schneider v. Rusk, 377 U.S. 163, 166 (1964) (quoting
Osborn v. Bank of U.S., 22 U.S. (9 Wheat.) 738, 827 (1824)).
361. Citizenship Amendment Act, No. 6 of 2004, § 9;
Citizenship Rules, 1956; Citizenship (Registration of
Citizens and Issue of National Identity Cards) Rules, 2003
(Jan. 7, 2004), https://www.refworld.org/docid/410520784.html.
372. See generally Cassandra Burke Robertson and Irina D.
Manta., (Un)Civil Denaturalization, 94 New York
University Law Review 402, 437 (2019), https://www.
nyulawreview.org/wp-content/uploads/2019/06/
NYULawReview-94-3-RobertsonMantapdf.pdf.
362. With regard to a seven year absence, the law
stipulates that this does not apply to: a citizen who is “a
student of any educational institution in a country outside
India or in the service of a Government in India or of an
international organisation of which India is a member, nor
registered annually in the prescribed manner at an Indian
consulate his intention to retain his citizenship of India.”
373. Klapprott v. United States, 335 U.S. 601, 616–20
(1949). See also Cassandra Burke Robertson and Irina D.
Manta., (Un)Civil Denaturalization, 94 New York
University Law Review 402, 439-43 (2019), https://www.
nyulawreview.org/wp-content/uploads/2019/06/
NYULawReview-94-3-RobertsonMantapdf.pdf.
363. Michael D. Shear & Julie Hirschfeld Davis, Stoking
fears, Trump defied bureaucracy to advance immigration
agenda, N.Y. Times (Dec. 23, 2017), https://www.nytimes.
178
374. Knauer v. United States, 328 U.S. 654, 676 (1946).
375. United States v. Oribello Eguilos, 2019 WL 1643234, at
*1-2 (E.D. Cal. Apr. 16, 2019).
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