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View Diary: Was Al-Awlaki A Citizen When He Was Killed? (130 comments)

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  •  He never renounced his citizenship, so he's a USC (0+ / 0-)

    There's a formal procedure that must be followed for a citizen and national of the United States to relinquish his citizenship.  It's called renunciation, and requires that the person, if abroad, personally swear an affidavit before the US Consul stating (his) intention to relinquish citizenship.

    Section 349(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1481(a)(3)] only comes up in cases where persons who have renounced their citizenship attempt to gain it back again later.

    It all goes to a clearly stated intention.  In the case of Mr. al-Alwaki, there was none. So, he was definitely a USC at the time of his extrajudicial execution by the US Government.

    If there was any basis under the law to question his US Citizenship, we would have head it from the Administration.

    Nice try.

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