bureaus and agencies of the United States, the words “person”,“human being”, “child”, and “individual”, shall include every infantmember of the species homo sapiens who is born alive at any stageof development.
As used in this section, the term “born alive”, with respect to amember of the species homo sapiens, means the completeexpulsion or extraction from his or her mother of that member, atany stage of development, who after such expulsion or extractionbreathes or has a beating heart, pulsation of the umbilical cord, ordefinite movement of voluntary muscles, regardless of whether theumbilical cord has been cut, and regardless of whether theexpulsion or extraction occurs as a result of natural or inducedlabor…In re Baby Kevin K. R. F. D., habeas for declaratory nationality relief under 8 USC 1503 and the Supremacy Clause and 14
06/20/2011Civil Action No. 1998-1192SUNUNU, et al v. PHILIPPINE AIRLINESDoc No. 64 (memorandum opinion)
by Chief Judge Royce C. Lamberth
1944 Convention on International CivilAviation, articles 17–21,
we pray the Court reconsider her decision anddeclare baby Kevin to be a US citizen at birth within the jurisdictionof the Court pending final resolution of the Sununu claims againstPhilippine Airlines. Even putative pending status of the motion forreconsideration could be sufficient to color cognizable claims (8 USC1503) for the birth of the child en route to US soil with Americannationality and Hawaiian citizenship.
Aida Alamillo, 41, went into labour while onPhilippineAirlinesFlight104 from
Manila enroute to San Francisco.
At Mills-Peninsula Medical Center in Burlingame, where she and hernewborn were transported upon landing in San Francisco.At 3:25 p.m. Monday, just a few hours before the plane was set toland,
gave birth to a healthy baby boy.