Tovar-Alvarez v. U.S.Attorney General, ___ F.3d ___, 2005 WL 2561503 (11th Cir. Oct. 13, 2005) ("Though 8 U.S.C. 1101(a)(22) states that a person is a "national of the United States" if he owes "permanent allegiance to the United States," the manner in which one comes to owe allegiance to the United States is through birth or naturalization pursuant to the statutory scheme enacted by Congress, see 8 U.S.C. 1401-1409, 1421-1458. Sebastian-Soler, 409 F.3d at 1286. Moreover in Sebastian-Soler, we specifically rejected the Fourth Circuit's reasoning in Morin. 409 F.3d at 1287. Because Tovar-Alvarez was not born in the United States and has not been naturalized, he is not a United States national.").
jurisdiction:
Eleventh Circuit