Tuaua v. United States

23 Citing cases

  1. Fitisemanu v. United States

    1 F.4th 862 (10th Cir. 2021)   Cited 6 times
    Stating that "[t]he Citizenship Clause's applicability hinges [in part] on a geographic scope clause—‘in the United States’ "

    Ever since, every extension of citizenship to inhabitants of an overseas territory has come by an act of Congress. See Tuaua v. United States, 788 F.3d 300, 308 n.7 (D.C. Cir. 2015). Without such an act, no inhabitant of an overseas territory has ever been deemed an American citizen by dint of birth in that territory.

  2. Fitisemanu v. United States

    No. 20-4017 (10th Cir. Jun. 15, 2021)

    Ever since, every extension of citizenship to inhabitants of an overseas territory has come by an act of Congress. See Tuaua v. United States, 788 F.3d 300, 308 n.7 (D.C. Cir. 2015). Without such an act, no inhabitant of an overseas territory has ever been deemed an American citizen by dint of birth in that territory.

  3. Hueter v. Kruse

    576 F. Supp. 3d 743 (D. Haw. 2021)   Cited 10 times

    Consequently, inhabitants of American Samoa are not U.S. citizens, but U.S. nationals. Tuaua v. United States , 788 F.3d 300, 301 (D.C. Cir. 2015) (" Tuaua II "). Further, because Congress has not extended any provisions of the U.S. Constitution to the territory, inhabitants of American Samoa are "entitled under the principles of the Constitution to be protected in life, liberty, and property ... [but they are] not possessed of the political rights of citizens of the United States."

  4. Barlow v. Sunia

    CIVIL NO. 18-00423-JAO-KJM (D. Haw. Nov. 12, 2019)   Cited 2 times

    At this stage, where jurisdiction and venue are at issue, a robust discussion of the judicial system in American Samoa will help frame the issues, and a brief discussion of Petitioner's claims on the merits will suffice. See Tuaua v. United States, 788 F.3d 300, 302 (D.C. Cir. 2015). A. Facts

  5. Segovia v. Bd. of Election Comm'rs for Chi.

    201 F. Supp. 3d 924 (N.D. Ill. 2016)   Cited 1 times

    "Where at least one plaintiff has standing [for a particular claim], jurisdiction is secure and the court will adjudicate the case whether the additional plaintiffs have standing or not." Ezell v. City of Chicago , 651 F.3d 684, 696 n. 7 (7th Cir.2011) ; see alsoTuaua v. United States , 951 F.Supp.2d 88, 92–93 (D.D.C.2013), aff'd , 788 F.3d 300 (D.C.Cir.2015) (holding that it was unnecessary to address whether the Samoan Federation of America had standing to pursue a citizenship challenge on behalf of individuals born in American Samoa because it was undisputed that other plaintiffs had standing). The federal defendants do not and cannot question the individual plaintiffs' contention that they have each suffered a concrete and particularized injury due to their inability to vote in federal elections via Illinois absentee ballot.

  6. United States v. Lebrón-Caceres

    157 F. Supp. 3d 80 (D.P.R. 2016)   Cited 8 times
    Observing that " Section 2423 explicitly applies to intra-commonwealth transportation."

    Puerto Rico is not unique in that regard, for the same category of unincorporated territory has been used to describe the relationship of the United States with other areas, including the Philippines until 1946, Guam, American Samoa, the United States Virgin Islands, and the Northern Marianas Islands. Hooven & Allison Co. v. Evatt , 324 U.S. 652, 678, 65 S.Ct. 870, 89 L.Ed. 1252 (1945) (stating that the Philippines were “...territories belonging to, but not a part of the Union of states under the Constitution ...”); United States v. Drake , 543 F.3d 1080, 1085 (9th Cir.2008) (noting that Guam is an unincorporated territory); United States v. Lee , 472 F.3d 638, 639 (9th Cir.2006) (describing American Samoa as an unincorporated territory); Tuaua v. United States , 951 F.Supp.2d 88, 98 (D.D.C.2013), aff'd 788 F.3d 300 (D.C.Cir.2015) (referring to Northern Mariana Islands as an unincorporated territory); Ballentine v. United States , 486 F.3d 806, 811 (3d Cir.2007) (same as to the United States Virgin Islands). In general, unincorporated territories belong to, but are not a part of the United States.

  7. Hueter v. AST Telecomm LLC

    Civ. 21-00377 JMS-KJM (D. Haw. Jun. 16, 2023)

    Consequently, inhabitants of American Samoa are not U.S. citizens, but U.S. nationals. Tuaua v. United States, 788 F.3d 300, 301 (D.C. Cir. 2015) (“Tuaua II”).

  8. Entines v. United States

    160 F. Supp. 3d 208 (D.D.C. 2016)

    On November 11, 2013, the Court issued an order staying all proceedings in this case pending a final decision from the D.C. Circuit in a similar case. That decision has since been issued in the case captioned Tuaua v. United States , 788 F.3d 300 (D.C.Cir.2015). Tuaua held that the Fourteenth Amendment's Citizenship Clause does not guarantee birthright citizenship to persons born in the island territory of American Samoa.

  9. United States v. Madero

    142 S. Ct. 1539 (2022)   Cited 27 times
    Reconciling the Territories Clause with the Fifth Amendment's Due Process Clause

    Lower courts continue to feel constrained to apply their terms. See, e.g. , Fitisemanu v. United States , 1 F.4th 862, 873 (C.A.10 2021) ; Tuaua v. United States , 788 F.3d 300, 306–307 (C.A.D.C. 2015). And the fictions of the Insular Cases on which this workaround depends are just that.

  10. Koonwaiyou v. Blinken

    69 F.4th 1004 (9th Cir. 2023)   Cited 2 times

    In addition to the consequences for individuals, there are active debates about whether non-citizen national status protects "the Samoan way of life" by insulating communal landownership and other local practices from constitutional scrutiny. Tuaua v. United States, 788 F.3d 300, 309-10 (D.C. Cir. 2015); see also Fitisemanu, 1 F.4th at 880-81. We are not asked to address those debates here, and we express no views on them.