Motion of Members of Congress for Leave to Participate in Tuaua v US

8/13/2019 Motion of Members of Congress for Leave to Participate in Tuaua v US

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IN THE UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

LENEUOTI F. TUAUA, et al. ,Plaintiffs-Appellants,

v.

UNITED STATES OF AMERICA, et al. ,

Defendants-Appellees.

Case No. 13-5272

MOTION OF MEMBERS OF CONGRESS THE HON. MADELEINE Z.BORDALLO AND THE HON. DONNA CHRISTENSEN

FOR LEAVE TO PARTICIPATE AS AMICI CURIAE

Pursuant to Circuit Rule 29, Representatives Madeleine Z. Bordallo

and Donna Christensen (“Members”) hereby move for leave to participate as amici

curiae in the above-captioned case in support of Appellants Leneouti F. Tuaua, et

al . In support of their motion, the Members state the following:

1. This case presents an important issue of first impression in this Court:

whether individuals born in territories of the United States are granted citizenship

at birth by virtue of the Citizenship Clause of the Fourteenth Amendment. This

question is of great significance to the residents of American Samoa who have

been classified since 1900 as United States “nationals” but not citizens, have been

subject to the jurisdiction of the United States, and have served in the United States

armed forces. The district court recognized the significance of this question by



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granting extensive briefing and oral argument in this case. At stake are the rights

and privileges of the residents of American Samoa, a longstanding United States

territory, who have pledged their allegiance to this nation. Resolution of this case

may impact not only American Samoa but also other United States territories and

federal governance of those territories.

2. The Hon. Madeleine Z. Bordallo and the Hon. Donna Christensen are

Members of Congress representing, respectively, the United States territories of

Guam and the United States Virgin Islands. The Members seek leave to participate

as amici curiae to bring to the Court’s attention important issues of congressional

authority in United States territories, including their own, and issues relating to the

legal and political treatment of the insular territories. 1

3. Counsel for the Plaintiff-Appellants Leneouti F. Tuaua, et al. , state

that their clients consent to the participation of the Members as amici curiae in this

case. Counsel for Defendant-Appellee the United States of America have

indicated that should the Government’s motion for summary affirmance be denied

and amici seek leave to file briefs, the United States would take no position on

such motions.

1 The Members notify the Court that other interested parties may be added to Members’ brief asappropriate and permissible.



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4. Accordingly, the Members respectfully request this Court grant leave

for them to participate in this case as amici curiae in support of Appellants.

DATED: January 8, 2014 Respectfully submitted,

/s/

Eugene GullandJames E. Burke IVWilliam Mensch EvansStephen Kiehl

COVINGTON & BURLING LLP1201 Pennsylvania Avenue N.W.Washington, D.C. 20004(202) 662-6000(202) 662-6291 (fax)[email protected]

[email protected]@[email protected]

Counsel for the Hon. Madeleine Z. Bordallo and the Hon. DonnaChristensen



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CERTIFICATE AS TO PARTIES,RULINGS, AND RELATED CASES

Pursuant to D.C. Circuit Rules 27(a)(4) and 28(a)(1), counsel certifies

as follows:

A. Parties and Amici. The plaintiffs included Leneuoti F. Tuaua,

Va’Aleama T. Fosi, Fanuatanu F. L. Mamea, Taffy-Lei T. Maene, Emy F. Afalava,

and the Samoan Federation of America, Inc. Mamea also brought claims on behalf

of his three minor children. The defendants were the United States of America, the

State Department, the Secretary of State, and the Assistant Secretary of State for

Consular Affairs. Congressman Eni F.H. Faleomavaega appeared as amicus curiae

in the district court.

B. Rulings Under Review. The ruling under review is the

Memorandum Opinion and Order entered on June 26, 2013, by the U.S. District

Court for the District of Columbia (Leon, J.), in Tuaua v. United States , No. 12-

01143.

C. Related Cases. Counsel for the Honorable Madeleine Z. Bordallo

and the Hon. Donna Christensen is unaware of any related cases.

DATED: January 8, 2014 /s/Eugene GullandCounsel for the Hon. Madeleine Z.

Bordallo and the Hon. DonnaChristensen



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CERTIFICATE OF SERVICE

I hereby certify that on this 8th day of January 2014, I caused a true

and correct copy of the foregoing to be filed electronically using the Court’s

CM/ECF system, causing a true and correct copy to be served on all counsel of

record.

DATED: January 8, 2014 /s/Eugene GullandCounsel for the Hon. Madeleine Z.

Bordallo and the Hon. DonnaChristensen

Documents

Motion of Members of Congress for Leave to Participate in Tuaua v US