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December 18, 2008

My Personal Vendetta against Obama

Official: Emanuel fast-tracked immigrants to get votes

Source: The Associated
Senate-for-sale case threatens new chief of staff

How did I get into this Mess?

I met and married my wife during the Clinton Administration.

My best friend had convinced me to join a catholic singles group. My future wife was already attending a different singles group across town. Eventually her singles group and my singles group had a joint outing, allowing us to meet each other for the first time. By the third time we had met, there was no doubt in my mind that I would ask her to marry me. She was my Helen of Troy and little did I know that I was about to fight and endure an eight year Trojan War against my own government in order to keep her!

She was an illegal immigrant from Guatemala. In fact, she was doubly illegal. She came to America as a teenager, sponsored by a family here in America. As a minor, my wife was not aware at the time of the fact that this family had committed immigration fraud in getting her Visa approved. However, by the time she had met me she was certainly well aware of the fact that she had overstayed the time allowed on the Visa, fraudulent or not.

I was like the Planned Parenthood officials who were saying, "I don't want to know that you are a minor and that the man who knocked you up was an adult", because I don't want to report a statutory rape as required by law. Indeed, I NEVER brought up the subject of my fiance's legal status in the US until after I was married and until after my first son was born. And she never brought the subject up either.

When I finally asked, indeed my suspicions were confirmed, although the only crime she thought she had committed was in violating her "curfew" to return home within the first four years.

So I decided to make her into a respectable lady.

I applied to the INS for my wife to become a naturalized citizen.

In the application process, the INS discovered the original immigration fraud. That is, my wife had traveled to America under her own name, but guarantor funds were placed with the Bank of Guatemala under the name of a member of their family. It's complicated and not necessary to understanding this story.

The point of the matter is that the INS insisted that my wife voluntarily deport herself and reapply to enter the US "legally". After getting assurances from my government that they would neither protect her in while in Guatemala nor guarantee that they would ever let her return to the US, I refused their "voluntary" request for my wife to deport herself. They told me that if she did not deport herself then they would.

So much for the "voluntary" part!

We were at a Mexican standoff -- America on one side and Guatemala on the other. I was not going to budge and allow my wife to leave my country with my son, and my government would not budge in having her deported out of my country.

How was I going to get out of this Mess?

I was shocked! I could not believe that immigration law would allow my wife and child to be stripped from my arms and taken to another country!

So, I started studying immigration law, searching for that "Perry Mason" legal ploy that would release my wife from their evil clutches.

I went before the Immigration judge three times and three times the immigration judge neither decided to deport my wife, nor did he decide that she could stay with me.

As legal cases go, years passed, and I eventually took my wife and now two children on a vacation in the Northeast. Having been to Canada several times, I knew that the only questions asked were, "Were you traveling on business or pleasure?" and "Do you have an items to declare?" This time was different. INS asked about my wife's citizenship. I answered truthfully and we were not allowed to return to my own country. Well, I could return, but without my wife.

I was forced to run the border.

The border patrol pursued in "cold pursuit" (I had little kids in the back seat and the roads were icy!). I was arrested for smuggling illegal aliens (my wife), my SUV rental was confiscated (drug type laws, because it was used in the commision of a crime; hence, it was an accomplice to the crime), and my wife was ordered deported AGAIN!

Charges were dropped against me, and my wife and I were released after a few hours, but my rental was never released back to me, while the deportation order still stood.

This time I was furious and re-doubled my efforts in researching immigration law. Then --- BINGO !!!!

I discovered that Title 8, section 1452 of the United States Code allowed for a derivative U.S. citizenship based upon the U.S. citizenship of a husband.

Proudly presenting my findings to the INS, they lied to me by stating that I did not understand immigration law and that the law I was quoting was repealed in 1922.

Like a dog with a bone, I replied, "No, this law was written in 1940 and revised in 1954. Both times, this derivative citizenship law was written after 1922 was in place."

Well, in law, I guess you must be guilty under the law until the law says you are innocent.

I looked up the 1922 law to see that it had repealed a 1855 law that would have allowed 1) a French woman living in France and 2) not married to a U.S. citizen, but only engaged to a U.S. citizen, to claim U.S. citizenhip for purposes of immigration. She was to be "deemed" a "legal" citizen. This would have been a very good law in 1855 when many European men immigrated to America to settle the western wildernesses and after taming the wilderness, then asking for a European lady to come live with him as his wife.

So indeed, the 1955 law was totally repealed in the "modern times" of 1922, mostly by the way, because the feminists of the day did not like the reverse charge; i.e., any American woman who married a foreigner automatically lost her U.S. citizenship, having assumed to have taken the citizenship of her husband. She would however automatically regain her citizenship the moment her husband was naturalized as a U.S. citizen.

But I was still bugged by the fact that derivative citizenship was still on the books and I questioned why the INS would not tell my why it was not removed if there was no underlying statutory basis for it.

I knew there had to be more to the story.

And I found the rest of the story.

In 1926, in the Southern district of California, case law was established that
    "In all Common Law countries, it has always and consistently been held that the wife and minor children take the nationality of the husband and the father".

    -- Case law decided in the Southern District of California, 1966

There I had it!

From this start, I quickly found two cases of English Common Law showing that being married to a British subject, but NOT domiciled in Great Britain, did not make a lady a British subject.

    Case 1

    A French woman was NOT a British subject because her husband was Irish because they had always lived in France.

    Case 2

    A Dutch woman was a British subject by marriage to a British diplomat, even though they had never lived in Great Britain, because a British diplomat always takes his British domicile with him wherever he goes.

A lady wanting to be a British subject then had to show an allegiance to England both by marrying an Englishman AND by living in England.

This is how the INS was scamming people. No one was even aware of the U.S. statute and the ones who managed to find it did not argue all the conditions needed to win the case. (It is not called fraud or a scam in the legal world, it is just called "good lawyering")

In its final form, the American Common Law definition of derivative citizenship held that 1) A woman had to be married to a U.S. citizen and furthermore, 2) She had to live in America. Both conditions are spelled out in Title 8, Section 1452, and both conditions my wife had met.

I had been defrauded by my own government from day one as my wife had always been a U.S. derivative citizen.

Enter Janet Reno!

Having been defrauded by my own government and made to suffer so severely for years, I sued every bureaucrat who had defrauded me and found that to have a judge declare my wife a U.S. citizen, I also had to sue the Attorney General of the United States -- Who was Janet Reno at the time.

The Attorney General, through her subordinates, asked for a Summary Judgement for dismissal for lack of subject matter jurisdiction against my case because Congress had recently made a new law where they had wanted immigration issues decided by immigration judges and NOT determined in Federal district courts. The Federal district courts were getting clogged with frivolous immigrant cases that were allowing immigrants to stay in the US for years while one legal case after another was filed.

I countered that I was petitioning for a jury of my peers, with all my due process Constitutional rights, for my wife's citizenship to be recognized and appropriate damages assessed. I claimed with supporting case law where all citizenship cases presume citizenship (innocent until proven guilty) and that I had a right to have my case decided in a real courtroom.

The district judge granted the summary judgement, stating he had no jurisdiction, without ever deciding upon the citizenship of my wife.

The Fifth Circuit Court of Appeals also upheld the summary judgement, without ever deciding upon the citizenship of my wife.

The Supreme Court never granted my a Writ of Mandamus asking the Supreme Court to demand that the Appeal Court do it's job and decide my case.

This was the first case I have ever heard of recently where a Federal Judge was ruling that he did NOT have jurisdiction to hear a case. Most times they have no jurisdiction in many cases. But ALWAYS in matters of CITIZENSHIP in the United States, they have jurisdiction. ALL Constitutional rights stem from the rights of CITIZENS! A judge cannot presume you are not a citizen and hence strip you of the right to a trial by jury.

Enter Rahm Emanuel

I have just found out that Obama's new White House Chief of Staff, Rahm Emanuel, himself a dual citizen of Israel, and one who made the decision to fight for the Israeli army during the first Gulf War, instead of fighting for the U.S. army, probably personally knows who I am.

During the Clinton Administration, when I was being bludgeoned by the full bureaucracy of the federal government, Rahm Emanuel was Janet Reno's hit man on immigration matters. He was the behind the scenes catalyst for Citizenship U.S.A., a project run out of the Vice-President's office of Al Gore.

    "Rahm was doing it under the guise of Al Gore's Reinventing Government program," said the official, who helped direct INS security policy. "He was definitely the point man and was past his neck in the scandal at INS."

    Emanuel, now caught up in the corruption scandal involving Democrat Illinois Gov. Rod Blagojevich, refused to cooperate with an investigation into the citizenship project by the Justice Department Inspector General.

    "He got every rule changed in the hiring of adjudicators so they could naturalize more Mexican nationals to vote for Bill Clinton, not to mention getting the rules changed to naturalize anyone," regardless of their criminal background, said the official, who's still employed by the federal government and requested anonymity to avoid reprisals.

Evidently, Rahm ONLY helped immigrants who looked like they would vote Democrat.

I never received any encouragement whatsoever in first, having my wife naturalized and later, second, simply asking that my wife be declared a derivative citizen.

Criminals with multiple arrests were being naturalized by Rahm Emanuel, but Rahm Emanuel would not help my loving wife of two wonderful American babies.

    Another former INS official, William Carroll, said Emanuel "took midnight trips to INS headquarters to meet with (Commissioner) Doris Meissner about Citizenship USA."

    He said that in March 1996 he and other INS district directors were given "marching orders" by headquarters to push through as many new citizens as possible ahead of the election, even if no criminal and national security background checks were completed.

    INS deportation officer Tom Conklin said that he and other agents were pressured to rubberstamp immigrants "with two or three arrests for crimes like burglary."

Emanuel continued with his gerrymandering of districts by making as many non-Americans into American Democrats.

    According to a November 1993 interview with Mother Jones magazine, Emanuel began pushing Clinton to be proactive on the issue of immigration right after he took office, and years ahead of the 1996 re-election campaign.

    "I just wanted to be ahead of this issue and have our staff on it, defining it constantly," Emanuel said, eyeing Texas and California, two key states in 1996 where immigration was a hot issue.

    Clinton took his close aide's advice. In September 1994, the president met with the head of the Hispanic group UNO, or United Neighborhood Organization, during a fundraiser in Chicago. The president of Chicago-based UNO, Daniel "Danny" Solis, explained that the growing number of immigrants represented a "great opportunity" to get a million new voters, but "we have to get all these citizens naturalized."

Enter Barack Obama

Rahm Emanuel will continue his anti-American activities and Press-Elect Obama will do nothing to stop him.

Ironically, with a Masters in Electrical Engineering, 16 years experience with Texas Instruments and currently laid-off from Texas Instruments, I can also thank Rahm Emanuel for all those hi-tech visas he also approved to allow the masses of cheap engineers from Vietnam, China and India, who are now employed at Texas Instruments today, and outsourced semiconductor fabs, while I sit at home looking at job boards with frozen openings.

In my heart, there is a special place in hell for Rahm Emanuel.

Article located at:
Last Hope for America
Christian Libertarian: Harmonious Union
Church and State
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The Christian Solution © was released March 15, 2008
The Christian Solution ©         P.O. Box 530         Allen, TX   75013         First Release: March 15, 2008