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Tuaua, US Appellee Brief

Tuaua, US Appellee Brief

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Published by WethePeopleProject
Tuaua v. United States is a federal lawsuit brought by Leneuoti Tuaua, the Samoan Federation of America, and others born in American Samoa who believe that so long as American Samoa is a part of the United States, people born in American Samoa have a right to U.S. citizenship under the Constitution.

Plaintiffs are represented by Neil Weare, President of We the People Project, a national organization dedicated to achieving equal rights and representation for the nearly 5 million Americans living in U.S. territories and the District of Columbia; Arnold & Porter, LLP, an international law firm; and Charles V. Ala'ilima, a prominent American Samoan attorney.
Tuaua v. United States is a federal lawsuit brought by Leneuoti Tuaua, the Samoan Federation of America, and others born in American Samoa who believe that so long as American Samoa is a part of the United States, people born in American Samoa have a right to U.S. citizenship under the Constitution.

Plaintiffs are represented by Neil Weare, President of We the People Project, a national organization dedicated to achieving equal rights and representation for the nearly 5 million Americans living in U.S. territories and the District of Columbia; Arnold & Porter, LLP, an international law firm; and Charles V. Ala'ilima, a prominent American Samoan attorney.

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Published by: WethePeopleProject on Aug 12, 2014
Copyright:Traditional Copyright: All rights reserved

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08/19/2014

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ORAL ARGUMENT NOT YET SCHEDULED  _______________ UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT  _______________  No. 13-5272  _______________ LENEUOTI FIAFIA TUAUA,
et al.
, Appellants, v. UNITED STATES OF AMERICA,
et al.
, Appellees.  _______________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA  _______________ BRIEF FOR APPELLEES RONALD C. MACHEN JR., United States Attorney, R. CRAIG LAWRENCE, WYNNE P. KELLY, Assistant United States Attorneys. C.A. No. 12-1143
USCA Case #13-5272 Document #1507112 Filed: 08/11/2014 Page 1 of 55
 
- i -
CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES I. PARTIES
Appellants are Leneuoti Fiafia Tuaua, Va’aleama Tovia Fosi, Fanuatanu Fauesala Lifa Mamea, on his own behalf and on behalf of his minor children, M.F.M., L.C.M., and E.T.M., Taffy-Lei T. Maene, Emy Fiatala Afalava, and the Samoan Federation of America, Inc., the plaintiffs in the District Court. Appellees are the United States of America, United States Department of State, John Kerry, in his official capacity as Secretary of State, and Michele Bond,
1
 in her official capacity as Acting Assistant Secretary of State for Consular Affairs, defendants  below. In the proceedings below, Congressman Eni F.H. Faleomavaega  participated as
amicus curiae
. In this appeal, Congressman Faleomavaega and the American Samoa Government jointly filed a Motion to Intervene or, in the Alternative, for Leave to Participate as
 Amici Curiae
. Additionally, the Court has granted the participation of the following
amici curiae
:
 
Congresswomen Madeleine Z. Bordallo, Donna Christensen, Carl Gutierrez, Pedro Rossello, Michael D. Ramsey, Charles W. Turnball, Holly Brewer, Linda Bosniak, Kristin Collins, Rose Cuison-Villazor, Stella Elias, Linda Kerber, Bernadette Meyler, Nathan Perl-Rosenthal, Lucy E. Salyer, Rogers Smith,
1
 Pursuant to Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Michelle Bond, Acting Assistant Secretary of State for Consular Affairs is automatically substituted for Janice Jacobs, former Assistant Secretary of State for Consular Affairs.
USCA Case #13-5272 Document #1507112 Filed: 08/11/2014 Page 2 of 55
 
- ii - Charles R. Venator-Santiago, Anthony M. Babauta, David B. Cohen, Kim M. Ballentine and Samuel Erman (explicitly in support of Plaintiffs); and Gary S. Lawson, Christina Duffy Ponsa, Sanford V. Levinson, Bartholomew H. Sparrow, and Andrew Kent (not explicitly in support of Plaintiffs).
II. RULINGS UNDER REVIEW
The ruling under review is the Honorable Richard J. Leon’s June 26, 2013 Memorandum Opinion granting the motion to dismiss Appellants’ complaint. (JA at 38-54.).
III. RELATED CASES
This case has not previously been before this Court and counsel for Appellees are unaware of any related cases.
USCA Case #13-5272 Document #1507112 Filed: 08/11/2014 Page 3 of 55

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