United States v. Karaouni, 379 F.3d 1139, 1143 (9th Cir. Aug. 24, 2004) ("All citizens of the United States are nationals, but some nationals, such as persons born in American Samoa and other U.S. territorial possessions, are not citizens. 8 U.S.C. 1408; Perdomo-Padilla v. Ashcroft, 333 F.3d 964, 967-69 (9th Cir.2003). Indeed, the term "national of the United States" is defined as including "a person who, though not a citizen of the United States, owes permanent allegiance to the United States." 8 U.S.C. 1101(a)(22). Thus, a claim to be a U.S. national is not a claim to be a citizen, but a claim to be a member of a broader group that includes citizens as well as others.      As a legal concept, the term U.S. national came into use in the after-math of the Spanish-American War to clarify the status of persons born in the territories that the United States acquired from Spain. Hampton v. Mow Sun Wong, 426 U.S. 88, 91, 107-13, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1976); Rabang v. INS, 35 F.3d 1449, 1452 (9th Cir.1994); Cabebe v. Acheson, 183 F.2d 795, 797-801 (9th Cir.1950). We recently have given the term a narrow construction, holding that an alien does not become a national simply by signing a statement of allegiance in a naturalization application, Perdomo-Padilla, 333 F.3d at 972, or by serving in the U.S. armed forces after taking the standard military oath of allegiance. Reyes-Alcaraz v. Ashcroft, 363 F.3d 937, 939-41 (9th Cir.2004).").

jurisdiction: 
Ninth Circuit

 

TRANSLATE